Registrar General filed a suo motu criminal contempt petition alleging false statements against judges. The High Court found the act a bona fide mistake, noted the unconditional apology, and dropped proceedings while discharging the respondent.
Contempt proceedings dropped; accused discharged with a warning not to repeat mistakes in future.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CRL.CCC No. 11 of 2015
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF DECEMBER, 2022
PRESENT
THE HON'BLE MR. JUSTICE B.VEERAPPA
AND
THE HON'BLE MRS. JUSTICE K. S. HEMALEKHA
CRIMINAL CONTEMPT PETITION NO. 11 OF 2015
BETWEEN:
…PETITIONER
(BY SRI V.S. HEGDE, SPP-II)
AND:
Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: High Court of Karnataka
(BY SRI. P. D. SUBRAMANYA., ADVOCATE)
…RESPONDENT
THIS CCC (CRIMINAL) [SUO-MOTU] IS FILED UNDER SECTION 15 OF THE CONTEMPT OF COURTS ACT 1971, R/W RULE 7 OF THE CONTEMPT OF COURT PROCEEDINGS RULES 1981, R/W ARTICLE 215 OF THE CONSTITUTION OF INDIA, BY THE COMPLAINANT - THE REGISTRAR GENERAL, PRAYING TO INITIATE SUO-MOTU CRIMINAL CONTEMPT OF COURT PROCEEDINGS AGAINST THE ACCUSED SRI. M.D. RAJANNA.
CRL.CCC No. 11 of 2015
THIS CCC (CRL.) COMING ON FOR ORDERS THIS DAY, B.VEERAPPA J., MADE THE FOLLOWING:
O R D E R
The present suo motu contempt petition is filed by the Registrar General, High Court of Karnataka, Bengaluru, to initiate criminal contempt of court proceedings under the provisions of Section 2(c) of the Contempt of Courts Act, 1971 ('the Act' for short) and punish him under Section 12 of the Act.
CRL.CCC No. 11 of 2015
accused filed the unconditional apology of the accused/M.D. Rajanna by way of an affidavit, which reads as under:
"UNCONDITIONAL APOLOGY BY THE ACCUSED BY WAY OF AFFIDAVIT.
I, M.D. Rajanna, aged about 62 years, S/o Late Doddaveeraiah, R/o. 2014, 3rd Cross, Subash Nagar, Mandya, today at Bengaluru, do hereby solemnly affirm and state on oath as follows:
CRL.CCC No. 11 of 2015
which were sent by me to the Hon'ble Chief Justice of India and to the Hon'ble Chief Justice of Karnataka, containing contemptuous matter against the Hon'ble Judges of the Bench of Hon'ble High Court of Karnataka, who were hearing my matter Writ Appeal NO.2986/2011, C/w Writ Appeal No.4154/2011 (L-TER), for the said act, I regret and hereby tendering unconditional apology to this Hon'ble Court praying that this Hon'ble Court be kind enough to discharge me in the above case.
CRL.CCC No. 11 of 2015
I, the deponent herein do hereby verify and declare that what is stated above is true and correct to the best of my knowledge, information and belief.
Place: Bengaluru Sd/-
Date: 02.12.2022 DEPONENT
Identified by Me
Sd/-
Advocate"
Hon'ble Chief Justice of India by way of an affidavit withdrawing all the allegations made in the affidavit dated 14.2.2015 unconditionally, which reads as under:
"AFFIDAVIT
I, M.D. Rajanna, aged about 62 years, S/o Doaddaveeraiah, R/o. 2014, 3rd Cross, Subash Nagar, Mandya, today at Bengaluru, do hereby solemnly affirm and state on oath as follows:
CRL.CCC No. 11 of 2015
unsustainable and false allegations against the Hon'ble Judges of the High Court of Karnataka mentioned the said affidavit.
4. I most respectfully submit that, I have utmost regard and respect for the Majesty of the law and Court of Law.
CRL.CCC No. 11 of 2015
8. I humbly under take not to indulge in any kind of act amounting to contemptuous before any Hon'ble Courts in future.
I, the deponent herein do hereby verify and declare that what is stated above is true and correct to the best of my knowledge, information and belief.
Bengaluru Sd/- Date: 30.11.2022 DEPONENT "
the Hon'ble Chief Justice of this Court by way of an affidavit withdrawing all the allegations made in the affidavit dated 14.2.2015 unconditionally, which reads as under:
"AFFIDAVIT
I, M.D. Rajanna, aged about 62 years, S/o Doaddaveeraiah, R/o. 2014, 3rd Cross, Subash Nagar, Mandya, today at Bengaluru, do hereby solemnly affirm and state on oath as follows:
CRL.CCC No. 11 of 2015
Hon'ble Judges of the High Court of Karnataka mentioned in the said affidavit.
CRL.CCC No. 11 of 2015
I, the deponent herein do hereby verify and declare that what is stated above is true and correct to the best of my knowledge, information and belief.
Bengaluru Sd/- Date: 30.11.2022 DEPONENT "
the Contempt of Courts Act, 1971 along with its proviso and Explanation, which reads as under:
(1) Save as otherwise expressly provided in this Act or in any other law, a contempt of court may be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to two thousand rupees, or with both:
Provided that the accused may be discharged or the punishment awarded may be remitted on apology being made to the satisfaction of the court.
Explanation.—An apology shall not be rejected merely on the ground that it is qualified or conditional if the accused makes it bona fide.
CRL.CCC No. 11 of 2015
plea and posted the matter for evidence, at this stage, the accused tendered an unconditional apology by way of an affidavit dated 2nd December 2022 and also produced copies of letters dated 30.11.2022 addressed to the Hon'ble Chief Justice of India and the Hon'ble Chief Justice of this Court withdrawing all the allegations made in the earlier affidavits/letters dated 14.2.2015 unconditionally.
CRL.CCC No. 11 of 2015
CRL.CCC No. 11 of 2015
O R D E R
iii) The assistance rendered by learned counsel for the parties, is placed on record.
Sd/JUDGE
Sd/JUDGE
GSS
2 issues framed by the court
Whether the criminal contempt proceedings against the respondent should be dropped given the tender of an unconditional apology.
Whether the accused deserves discharge after acknowledging mistake and offering an unconditional apology.
2 provisions across 1 enactments
REGISTRAR GENERAL, HIGH COURT OF KARNATAKA
SRI M. D. RAJANNA
B.VEERAPPA
K. S. HEMALEKHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
