Sri. Ganjam Shivu v. State of Karnataka
Case brief
What is this about?
Karnataka Lokayukta Act 1984 s.17(2) offence — insult/derogation of Lokayukta Institution through newspaper publication ('Tippu Express', 31.10.2003, pp.6-7); printer-publisher-editor-owner liability; burden of proof shifts to publisher absent s.313(4)/313(3) explanation or defence evidence; statutory minimum sentence of six months simple imprisonment; appellate commutation of minimum sentence via proviso to s.17 (age, isolated incident, ceased publication); fine enhancement Rs.5,000 -> Rs.75,000 in instalments (Rs.40,000 + Rs.35,000; corrected 08.04.2025); published written apology in 'Vijaya Vani'; sanction under s.17(3) Lokayukta Act; Special Judge Bangalore Urban District Spl.CC 189/03-04; CRL.A No. 487 of 2012; NC: 2025:KHC:7384; coram V Srishananda J.
What did the court decide?
Appeal allowed in part. Conviction under s.17(2) Karnataka Lokayukta Act maintained; sentence modified: simple imprisonment for the day till rising of the Court with enhanced fine of Rs.75,000/- payable in two instalments (Rs.40,000/- on or before 20.03.2025; Rs.35,000/- on or before 20.04.2025; figure corrected vide Court order dated 08.04.2025); failure to pay automatically restores the trial court's sentence; appellant directed to publish written apology to Lokayukta/Upa-Lokayukta in one issue of 'Vijaya Vani' Kannada daily on or before 20.03.2025 and furnish one original newspaper to the Court records.