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2025 DAILYLAW 75659 (KAR)

HIGH COURT OF KARNATAKA v. SRI. KONAPPA @ KYARAPPA

CRL.CCC/4/2025 · 2025-11-18

Anu Sivaraman, Vijaykumar A Patil

Contempt Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:47392-DB CRL.CCC No. 4 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL CRIMINAL CONTEMPT PETITION NO.4 OF 2025 BETWEEN: HIGH COURT OF KARNATAKA REPRESENTED BY THE REGISTRAR GENERAL, BENGALURU-560 001. …COMPLAINANT (BY SUO MOTO; SRI. THEJESH P., HCGP) AND: 1. SRI. KONAPPA @ KYARAPPA S/O GANGULAPPA, AGED ABOUT 43 YEARS, ADIKARNATAKA BY CASTE, AGRICULTURIST, R/AT KOTTURUPALLI VILLAGE, CHELUR TALUK, MOBILE NO. 7337768380 2. SRI. MANJUNATHA S/O GARADI VENKATARAYAPPA, AGED ABOUT 38 YEARS, MANG GARADI BY CASTE (S.C.) AGRICULTURIST, R/AT YAGUVA NETTAKUNTAPALLI VILLAGE, CHELUR TALUK, MOBILE NO. 8660247943. Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:47392-DB CRL.CCC No. 4 of 2025 3. SRI. VENKATESH K V S/O VENKATARAVANAPPA, AGED ABOUT 30 YEARS, ADIKARNATAKA BY CASTE, BUSINESS, R/AT KOTTURUPALLI VILLAGE, CHELUR TALUK, MOBILE NO. 8951532553. 4. SRI. GANGARAJU S/O PEDDA GANGULAPPA, AGED ABOUT 39 YEARS, ADIKARNATAKA BY CASTE, R/AT YAGUVA NETTAKUNTAPALLI VILLAGE, CHELUR TALUK, MOBILE NO. 9972632796. …ACCUSED (BY SRI. M.R.RAJAGOPAL, SR. ADV. FOR SRI. CHOWDAREDDY T.M., ADV.) THIS CRL.CCC IS FILED UNDER SECTION 15 OF THE CONTEMPT OF COURTS ACT, 1971 R/W ARTICLE 215 OF THE CONSTITUTION OF INDIA, PRAYING TO INITIATE (SUO MOTU) CRIMINAL CONTEMPT OF COURT PROCEEDINGS AGAINST THE ACCUSED HEREIN 1. SRI.KONAPPA @ KYARAPPA S/O GANGULAPPA, AGED ABOUT 43 YEARS, ADIKARNATAKA BY CASTE, AGRICULTURIST R/AT KOTTURUPALLI VILLAGE, CHELUR TALUK, 2. SRI.MANJUNATHA S/o GARADI VENKATARAYAPPA, AGED ABOUT 38 YEARS, MANG GARADI BY CASTE (S.C.) AGRICULTURIST R/AT YAGUVA NETTAKUNTAPALLI VILLAGE, CHELUR TALUK 3. SRI. VENKATESH K V S/o VENKATAVARANAPPA, AGED ABOUT 30 YEARS, ADIKARNATAKA BY CASTE, BUSINESS R/At KOTTURUPALLI VILLAGE, CHELUR TALUK, 4. SRI.GANGARAJU S/o PEDDA GANGULAPPA, AGED ABOUT 39 YEARS, ADIKARNATAKA BY CASTE, R/At YAGUVA NETTAKUNTAPALLI VILLAGE, CHELUR TALUK, UNDER THE CONTEMPT OF COURTS ACT 1971 AND TO PUNISH THEM IN ACCORDANCE WITH LAW. THIS PETITION, COMING ON FOR HEAR BEFORE CHARGE, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:47392-DB CRL.CCC No. 4 of 2025 CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL) This suo-moto contempt petition is filed under Section 15 of the Contempt of Courts Act, 1971 r/w Article 215 of the Constitution of India by the Registrar General, High Court of Karnataka, seeking prayer to initiate criminal contempt proceedings against accused No.1 to 4 and punish them for the acts done by them on 27.03.2025. 2. Summons of this proceeding were issued to the accused. They are represented by the learned Senior Counsel Sri M.R. Rajagopal for Sri Chowdareddy, T.M., learned counsel. 3. It is noticed that in the beginning of the proceeding, an unconditional apology by way of affidavits were filed by accused No.1 to 4. 4. We have perused the averments made in the petition and the documents enclosed in support of the petition - 4 - HC-KAR NC: 2025:KHC:47392-DB CRL.CCC No. 4 of 2025 and also the affidavits of the accused. Para Nos.3 and 4 of the sworn affidavit of accused No.1 to 4 are extracted below; Accused No.1 "3. I further state that, I am taking care of my aged father, my wife and three children's. The children's are studying at different schools in Bagepalli Taluk. I take care of their needs from my earnings as an agricultural labourer. On the date of the incident, i.e., 27.03.2025 at around 4:40 P.M., the court proceedings for the day had been concluded, and only a few officials were present inside the court complex. Myself and the other accused persons had only requested the officials present to consider installing the photograph of Dr. B.R. Ambedkar, the Father of the Indian Constitution, in the court premises. 4. I state that I am deeply remorseful for the incident that took place on 27.03.2025. I once again state that it was neither intentional nor deliberate. I hold the judiciary in the highest regard and always extend my utmost respect to the Courts irrespective of their hierarchy. I am ashamed of my conduct on that day, which arose only out of my emotional anxiety and respect towards Dr B.R. Ambedkar. Accused No.2 3. I further state that, I am taking care of aged mother, my v'ife and two female and one male child and all three children are studying at different classes in local and at Bagepalli schools my mother and wife, children unable to earn their livelihood. I take care of their needs from my earnings as an agriculturist. On the date of the incident, i.e., 27.03.2025 at around 4:40 P.M., the court proceedings for the day had been concluded, and only a few officials were present inside the court complex. Myself and the other accused persons had only requested the officials present to consider installing the photograph of Dr. B.R. Ambedkar, the Father of the Indian Constitution, in the court premises. 4. I state that I am deeply remorseful for the incident that took place on 27.03.2025. I once again state that it was neither intentional nor deliberate. I hold the judiciary in the highest regard and always extend my utmost respect to the Courts irrespective of their hierarchy. I am ashamed of my - 5 - HC-KAR NC: 2025:KHC:47392-DB CRL.CCC No. 4 of 2025 conduct on that day, which arose only out of my emotional anxiety and respect towards Dr B.R. Ambedkar. Accused No.3 3. I further state that, my parents are aged and unable to earn their livelihood. I am taking care of their needs from my earnings as an agriculturist I am also taking care of my wife and a child studying in nursery. On the date of the incident, i.e., 27.03.2025 at around 4:40 P.M., the court proceedings for the day had been concluded, and only a few officials were present inside the court complex. Myself and the other accused persons had only requested the officials present to consider installing the photograph of Dr. B.R. Ambedkar, the Father of the Indian Constitution, in the court premises.. 4. I state that I am deeply remorseful for the incident that took place on 27.03.2025. I once again state that it was neither intentional nor deliberate. I hold the judiciary in the highest regard and always extend my utmost respect to the Courts irrespective of their hierarchy. I am ashamed of my conduct on that day, which arose only out of my emotional anxiety and respect towards Dr B.R. Ambedkar. Accused No.4 3. I further state that, my parents are aged and unable to earn their livelihood. I take care of their needs from my earnings as an agriculturist. I am also taking care of wife and three children and the children are studying at different classes. On the date of the incident, i.e., 27.03.2025 at around 4:40 P.M., the court proceedings for the day had been concluded, and only a few officials were present inside the court complex. Myself and the other accused persons had only requested the officials present to consider installing the photograph of Dr. B.R. Ambedkar, the Father of the Indian Constitution, in the court premises. 4. I state that I am deeply remorseful for the incident that took place on 27.03.2025. I once again state that it was neither intentional nor deliberate. I hold the judiciary in the highest regard and always extend my utmost respect to the Courts irrespective of their hierarchy. I am ashamed of my - 6 - HC-KAR NC: 2025:KHC:47392-DB CRL.CCC No. 4 of 2025 conduct on that day, which arose only out of my emotional anxiety and respect towards Dr B.R. Ambedkar." 5. The accused have now sought unconditional apology for the incident dated 27.03.2025. 6. We have meticulously perused the contents of the unconditional apology filed by the accused. We are aware that in a criminal contempt proceeding, the Court examines an unconditional apology with great caution and it is not a matter of right for the contemnor to have the apology accepted. The apology sought must be bona-fide, sincere and should reflect true remorse. The affidavits of the accused indicate that they are not so well versed with the legal proceedings. It appears that their demand on a particular day was with good intention and not to undermine the majesty of the Court. It further appears that the incident dated 27.03.2025 by the accused is without knowing the consequences. Considering their ignorance, their emotional anxiety and now having been expressed true remorse, we are of the view that the unconditional apology of the accused needs acceptance. The accused are cautioned that they shall not repeat such incidents - 7 - HC-KAR NC: 2025:KHC:47392-DB CRL.CCC No. 4 of 2025 in future. Considering the unconditional apology, we are of the considered view that the present criminal contempt proceedings are required to be closed. 7. Sri M. R. Rajagopal, learned Senior Counsel in all fairness submits that he has instructed the accused to buy law books to the Bagepalli Bar Association and they have already purchased books worth Rs.40,000/- and handed over to the Association. To that effect, the receipt is also placed along with the memo. Submission and the memo is placed on record. 8. Having considered the unconditional apology and for the aforesaid reasons and also taking note of the subsequent conduct of the accused of voluntarily donation of books to the Bagepalli Bar Association, we are of the considered view that the interest of justice would be met if the proceedings are dropped. Accordingly, by accepting the unconditional apology of the accused, the contempt proceedings are dropped. It is needless to observe that closure of this proceeding will not come in the way of any other pending proceedings. - 8 - HC-KAR NC: 2025:KHC:47392-DB CRL.CCC No. 4 of 2025 We have placed on record the efforts made by Sri M. R. Rajagopal, learned Senior Counsel representing the accused in closing the proceedings. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE PN List No.: 2 Sl No.: 3