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2025 DAILYLAW 27968 (KAR)

MRS. SHARANYA v. MR. JAYAPRAKASH RAO. B.

CCC/676/2023 · 2025-07-07

K S Mudagal, P Sree Sudha

Contempt Petitionbody2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:24394-DB CCC No. 676/2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JULY, 2025 PRESENT THE HON'BLE MRS. JUSTICE K.S.MUDAGAL AND THE HON'BLE MRS. JUSTICE P SREE SUDHA CIVIL CONTEMPT PETITION NO. 676/2023 BETWEEN: MRS.SHARANYA W/O. JAYAPRAKASH RAO.B AGED ABOUT 38 YEARS R/AT SADANANDA SANKESH NEAR KARNATAKA AGENCY KOTTARA CHOWKI, MANGALURU DAKSHINA KANNADA DISTRICT- 575 001 …COMPLAINANT (BY SRI S RAJASHEKAR, ADVOCATE) AND: MR.JAYAPRAKASH RAO.B S/O. B.RADHAKRISHNA RAO AGED ABOUT 52 YEARS R/AT DURGAPRASAD NEAR BHARATH MAIDAN JEPPU, MANGALURU DAKSHINA KANNADA DISTRICT- 575 001 …ACCUSED (BY SRI P.P HEGDE, SENIOR COUNSEL FOR SRI VENKATESH SOMAREDDI, ADVOCATE) THIS CCC IS FILED UNDER ARTICLES 215 OF THE CONSTITUTION OF INDIA, R/W SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971 PRAYING TO INITIATE CONTEMPT PROCEEDINGS AGAINST THE ACCUSED AND PUNISH THE ACCUSED SUITABLY AND APPROPRIATELY FOR THE CONTEMPT OF COURT COMMITTED BY THE ACCUSED FOR NOT OBEYING THE FIRST PORTION OF THE ORDER DATED 13.01.2023 PASSED BY THE DIVISION BENCH OF THIS COURT IN MFA NO.7373/2015 C/W MFA NO.6408/2015 VIDE ANNEXURE-A. Digitally signed by K S RENUKAMBA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:24394-DB CCC No. 676/2023 THIS PETITION, COMING ON FOR FRAMING OF CHARGES, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S.MUDAGAL and HON'BLE MRS. JUSTICE P SREE SUDHA ORAL ORDER (PER: HON'BLE MRS. JUSTICE K.S.MUDAGAL) Accused, Sri Rajashekar, learned counsel for the complainant, Sri P.P.Hegde, learned senior counsel for the advocate on record for the accused are present. Accused is duly identified by his Counsel - Sri Venkatesh Somareddi. Charge under Section 12(1) of the Contempt of Courts Act, 1971 is framed and read over to the accused. He admits non-compliance of the order and seeks to plead guilty. Despite explaining him about the consequences of pleading guilty, he submits that he is pleading guilty voluntarily. Sri P.P.Hegde, learned senior counsel submits that the accused is voluntarily pleading guilty. The accused is science graduate, aged 52 years and he is advised by a senior counsel. Satisfied that the accused has understood consequences of pleading guilty and the same is - 3 - HC-KAR NC: 2025:KHC:24394-DB CCC No. 676/2023 voluntary. Hence, recording his plea, we proceed to pass the following: ORDER The accused is hereby convicted for committing contempt of Court punishable under Section 12(1) of the Contempt of Courts Act, 1971. ORDER ON SENTENCE: Heard on sentence. Accused submits that because of proceedings between the parties, he has undergone several difficulties. He submits that now he is taking care of both of his sons. Learned Counsel for complainant disputes second son being with the accused. However, Mr.Rishab, first son of the couple is present before the Court. He submits that he is staying with the accused since 6 years and presently his younger brother is also staying with his father. He further submits that the accused has taken care of his education and now taking care of the education of his younger brother also. - 4 - HC-KAR NC: 2025:KHC:24394-DB CCC No. 676/2023 Accused is now aged 52 years and he has already undergone pretrial detention of 2 months 19 days. Considering the aforesaid facts and circumstances, the following: ORDER Accused is hereby sentenced to simple imprisonment of 2 months 19 days viz., the period of detention already undergone by him. There shall be a set off as per Section 428 of the Criminal Procedure Code, 1973/Section 468 of the Bharatiya Nagarik Suraksha Sanhita,2023 for the period of detention already undergone by him. It is made clear that this order has no bearing for execution of decree in MFA No.7373/2015(FC) C/w MFA No.6408/2015(FC). Furnish free copy of this order to the accused. Sd/- (K.S.MUDAGAL) JUDGE Sd/- (P SREE SUDHA) JUDGE PKN List No.: 1 Sl No.: 21