1. Transfer petition in sessions case — Advocate's misconduct — Contempt proceedings initiated and later recalled on apology. (Para 2 , 3 , 4 , 5 , 6 )
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IN THE HIGH COURT OF KARNATAKA AT DHARWAD
HANCHATE SANJEEVKUMAR, J.
Ravi Basavaraj - Petitioner
Versus
The State of Karnataka, By PSI Gangavathi Town Police Station, Represented by State Public Prosecutor - Respondent
Criminal Petition No. 100680 of 2026
Decided On : 01-09-2026
1. Transfer petition in sessions case — Advocate's misconduct — Contempt proceedings initiated and later recalled on apology. (Para 2 , 3 , 4 , 5 , 6 )
2. Advocate sought expunction of contempt order — Apology tendered — State supported lenient view. (Para 7 , 8 , 9 , 11 )
3. Apology accepted — Contempt proceedings recalled — Nominal fine imposed and planting of saplings directed. (Para 44 , 45 , 46 , 47 )
Threatening the court, browbeating, hampering proceedings, and derogatory behavior that undermines dignity and decorum of court constitute criminal contempt. (Para 3 , 4 , 12 , 13 , 17 , 21 )
Advocate must act with dignity, respect court, assist in administration of justice, not step into client's shoes, and maintain high professional standards. (Para 18 , 24 , 28 , 30 , 31 )
Yes, the court may accept a genuine unconditional apology and take a lenient view, but must balance with protecting dignity of judiciary. (Para 44 , 45 , 46 , 47 )
Judges must be courteous, allow arguments uninterruptedly, support independence of the bar, and maintain mutual respect. (Para 16 , 41 , 42 )
ORDER :
This Court has passed order on 16.04.2026 in Criminal Petition No.100680/2026 filed by the accused/petitioners under Section 407 of Code of Criminal Procedure (Cr.P.C) and Section 447 of Bharatiya Nagarika Suraksha Sanhita, 2023 (B.N.S.S) rejecting the petition filed for transfer of Sessions case in S.C.No.5/2026 pending on the file of I Additional District and Sessions Court, Koppal, sitting at Gangavathi.
2. The prayer of the accused/petitioners for transfer of Sessions case in S.C.No.5/2026 was rejected.
3. While passing the order as above stated, this Court, by referring to the orders passed in the order sheet in the proceedings of Sessions case observed that the learned Advocate appearing on behalf of the accused had behaved in derogation of and hampered the dignity and decorum of the Court. The Sessions Court, while dealing with Sessions Case in S.C.No.5/2026 has made several observations against the Advocate for the accused, namely, Sri. S. Rangaswamy, and upon perusing the orders passed by the learned Sessions Judge in his order sheet maintained in the Sessions case, this Court found that the said Advocate, Sri. S. Rangaswamy, had threatened the Court virtually and tried to hamper the Session case proceedings.
4. It is observed in detail in the order passed by this Court. The learned Sessions Judge, in his order, has named the Advocate, Sri. S. Rangaswamy, who had misbehaved with the Court, which amounts to Criminal Contempt of Court; therefore, based on the orders passed by the learned Sessions Judge and what he has observed in the proceedings of the Sessions case, this Court has initiated the proceedings against the Advocate, Sri. S. Rangaswamy.
5. The operative portion of the order dated 16-04-2026 in this case is extracted below for easy reference and comprehension:
“ORDER
i) The petition is dismissed with cost of Rs.1,00,000/- payable by accused Nos.1 to 9 and 12 to the District Legal Services Authority, Koppal.
ii) The learned Sessions Judge/Presiding Officer of the Court of I Additional District and Sessions Judge, Koppal, sitting at Gangavathi, shall continue the further proceedings as per law and dispose of the case as expeditiously as possible.
iii) For the reasons stated in the order, place this matter before Hon’ble the Chief Justice, High Court of Karnataka and also before the learned Advocate General requesting to consider initiating proceedings for criminal contempt of Court against Sri S. Rangaswamy, Advocate, at the discretion of the Hon’ble the Chief Justice and the learned Advocate General.
iv) The Additional Registrar General is directed to place this order before the Karnataka State Bar Council, Bengaluru, to take necessary action/initiate proceedings against Sri S.Rangaswamy, Advocate, for his misconduct as stated above.
v) The Chief Ministerial Officer of the Court of the Court of I Additional District and Sessions Judge, Koppal, sitting at Gangavathi, is directed to file complaint against Sri S.Rangaswamy, Advocate, for the offence punishable under Sections 186 and 228 of the Indian Penal Code, 1860 (Sections 221 and 267 of the Bharatiya Nyaya Sanhita, 2023) before the concerned jurisdictional Judicial Magistrate First Class Court, in whose jurisdiction the Court of I Additional District and Sessions Judge, Koppal, sitting at Gangavathi, is situated.
vi) The Additional Registrar General, High Court of Karnataka, Dharwad Bench, Dharwad, is directed to communicate operative portion of this order immediately to the Court of Principal District and Sessions Judge, Koppal and to the I Additional District and Sessions Judge, Koppal, sitting at Gangavathi, through e-mail, fax and official telephone numbers of the Court of Principal District and Sessions Judge, Koppal and to the I Additional District and Sessions Judge, Koppal, sitting at Gangavathi.”
6. While dealing with the criminal petition filed for transfer, this Court has made observations regarding the behaviour, conduct and mannerism of Advocate, Sri
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