- 1 - NC: 2025:KHC:11383-DB CCC No. 557 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF MARCH, 2025 PRESENT THE HON'BLE MR JUSTICE K.SOMASHEKAR AND THE HON'BLE MR JUSTICE VENKATESH NAIK T CIVIL CONTEMPT PETITION NO.557 OF 2023 BETWEEN: SRI SURESH BABU S/O. LATE ANANTHA RAJU AGED ABOUT 52 YEARS RESIDING AT NO.27, 4TH MAIN TEMPLE ROAD, MALLESHWARAM BENGALURU - 560 003. …COMPLAINANT (BY SRI SIDDESH H., ADVOCATE) AND: 1. TUSHAR GIRI NATH THE COMMISSIONER B. B. M. P., NEAR HUDSON CIRCLE BENGALURU - 560 001. 2. R. GANGADHAR THE EXECUTIVE ENGINEER GANDHI NAGARA DIVISION BHASHYAM PARK SOUTH CENTRAL STREET B. B. M. P. BENGALURU - 560 010. …ACCUSED (BY SRI PRASHANTH S. H., ADVOCATE FOR A-1 AND A-2) Digitally signed by MOUNESHWARAPPA NAGARATHNA Location: High Court of Karnataka - 2 - NC: 2025:KHC:11383-DB CCC No. 557 of 2023 THIS CIVIL CONTEMPT PETITION IS FILED UNDER SECTIONS 11 AND 12 OF CONTEMPT OF COURTS ACT READ WITH ARTICLE 215 OF THE CONSTITUTION OF INDIA, BY THE COMPLAINANT, WHERE IN HE PRAYS TO ISSUE TO THE ACCUSED PERSONS AND THEY MAY BROUGHT BEFORE THIS HON'BLE COURT AND TRIED AND PUNISHED FOR THE OFFENCE OF CONTEMPT OF COURT COMMITTED BY THEM BY SHOWING DELIBERATE DISRESPECT AND BY WILLFUL DISOBEDIENCE OF THE FINAL ORDER OF THIS HON'BLE COURT DATED 7.3.2023 PASSED IN W.P. NO.36813/2017 (LB-BMP) (ANNEXURE-A). THIS CIVIL CONTEMPT PETITION IS COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE K.SOMASHEKAR and HON'BLE MR JUSTICE VENKATESH NAIK T ORAL ORDER (PER: HON'BLE MR JUSTICE K.SOMASHEKAR) This contempt proceeding has been initiated by the complainant against the respondents/accused relating to the order dated 07.03.2023 passed by the learned Single Judge in WP.No.36813/2017 (LA-BMP). 2. Sri. Siddesh H., learned counsel appearing for the complainant is present before the Court physically and submits that the matter relating to this complainant is not yet seized before the Criminal Investigation Department (for short 'C.I.D.'). But, the documents are said to have been seized before the C.I.D. - 3 - NC: 2025:KHC:11383-DB CCC No. 557 of 2023 3. The said submission is taken on record. 4. Sri. Prashanth S. H., learned counsel appearing for respondent/accused Nos.1 and 2 is present before the Court physically and submits that he has filed a memo dated 03.03.2025. The said memo reads as under: "The undersigned counsel for Accused Nos.1 and 2 prays to produce the letter dated 01.03.2025 issued by the BBMP, Bangalore to the Deputy Superintendent of Police, Criminal Investigation Department (C.I.D.), wherein the office of the BBMP has sought for certified copies of the documents to the address the Order of the W.P.36813/2017. Hence, the counsel for the Accused seeks two weeks accommodation to file the compliance affidavit pertaining to the documents to be received from the C.I.D. The same shall be taken on record in the interest of Justice and Equity." 5. Keeping in view the submission made by learned counsel for respondents/accused, the memo and the provisions of Section 2(b) of the Contempt of Courts Act, 1971 , it is deemed appropriate that this contempt proceeding does not survive for consideration for the present to take action against respondents/accused. - 4 - NC: 2025:KHC:11383-DB CCC No. 557 of 2023 6. Accordingly, the contempt proceeding is hereby dropped by granting the liberty as sought for in accordance with law. Sd/- (K.SOMASHEKAR) JUDGE Sd/- (VENKATESH NAIK T) JUDGE PHM List No.: 1 Sl No.: 10