- 1 - NC: 2025:KHC:233-DB CCC No. 1213 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JANUARY, 2025 PRESENT THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE AND THE HON'BLE MR JUSTICE M.I.ARUN CCC NO. 1213 OF 2024 (CIVIL) BETWEEN: 1. SMT HARSHITHA BEDRE W/O SWAROOP M.S. AGED ABOUT 28 YEARS R/AT NO.261, PAAVANA 1ST MAIN ROAD VINAYAKA LAYOUT, 9TH BLOCK NAGHARABHAVI 2ND STAGE BENGALURU-560 072. …COMPLAINANT (BY SRI. SOMASHEKHARAIAH R.P., ADVOCATE) AND: 1. SWAROOP M S S/O T MANJUNATHA RAO AGED ABOUT 33 YEARS 2. SMT. SHOBHA RAO W/O T MANJUNATHA RAO AGED ABOUT 63 YEARS Digitally signed by H K HEMA Location: High Court of Karnataka - 2 - NC: 2025:KHC:233-DB CCC No. 1213 of 2024 3. T MANJUNATHA RAO S/O LATE S.THUKKOJI RAO AGED ABOUT 66 YEARS ALL ARE R/AT NO.23/2 MATHRUKRUPA, 11TH CROSS 80 FEET ROAD, GIRINAGAR 2ND PHASE, BENGALURU-560 085. …ACCUSED THIS CCC IS FILED UNDER SECTION 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, PRAYING TO INITIATE, CONTEMPT OF COURT PROCEEDINGS AGAINST ACCUSED FOR WILLFUL DISOBEDIENCE OF THE ORDERS PASSED BY THIS HON'BLE HIGH COURT IN CRL. P.NO.10161/2021 DATED 21.08.2024 UNDER ANNEXURE-C AND SENTENCE THEM FOR IMPRISONMENT. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and HON'BLE MR JUSTICE M.I.ARUN - 3 - NC: 2025:KHC:233-DB CCC No. 1213 of 2024 ORAL JUDGMENT (PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA) 1. In this petition, contempt of court is alleged in respect of the directions contained in the order dated 03.07.2024 passed by learned Single Judge in Criminal Petition No.10161 of 2021 read with the order dated 21.08.2024 passed in I.A.No.1 of 2024. 2. The operative part of the first order dated 03.07.2024 reads as under, "24. In my view, it would appropriate to direct the learned Magistrate to release item Nos.5, 8, 10, 14, 14, 18, 19, 22, 23, 23, 24, 25, 46, 47, 50 and 52 (Item Nos.14 and 23 were repeated, but the articles were different) mentioned in the affidavit filed before the Magistrate in favour of the husband as sought by him and to release the remaining articles to the wife." 3. The above direction does not apply to the private respondents arrayed herein as parties alleging contempt against them. 4. As far as the order dated 21.08.2024 passed in the interlocutory application is concerned, the only observation made is that it will be open for the wife to raise a claim regarding the articles - 4 - NC: 2025:KHC:233-DB CCC No. 1213 of 2024 which are the subject matter of the application in the above mentioned case. 5. In the facts of the case and in view of the nature of the orders which are brought under the contempt jurisdiction, it cannot be said that any contempt is committed by any of the respondents. 6. The remedy of the complainant is not for filing the contempt petition but to approach the competent forum by instituting appropriate proceedings in accordance with law. 7. This contempt petition is not entertainable and is dismissed accordingly. Sd/- (N. V. ANJARIA) CHIEF JUSTICE Sd/- (M.I.ARUN) JUDGE PGG List No.: 1 Sl No.: 2