0704 OR 05 Other Relevant Case High Court of Karnataka Vs Sri KS Anil

 

CASE NAME: HIGH COURT OF KARNATAKA VS SRI K.S. ANIL ON 10 FEBRUARY, 2023
 

PETITIONER: HIGH COURT OF KARNATAKA REPRESENTED BY THE REGISTRAR GENERAL

                   BENGALURU-560001

RESPONDENT: SRI K.S. ANIL

                   S/O K J SWAMY GOWDA

                   AGED ABOUT 45 YEARS

                   P B NO.1931, GAVIPURAM P.O

 

BENCH: Chief Justice, Ashok S.Kinagi

 

PRESENT : THE HON'BLE MR. PRASANNA B. VARALE, 

CHIEF JUSTICE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI

 

CITATION:           CRL.CCC No. 9 of 2019

                            C/W CRL.CCC No. 13 of 2022

                            C/W CRL.CCC.No.1 of 2023

ACT INCLUDE: Contempt of Courts Act, 1971 R/W ARTICLE 215 OF THE CONSTITUTION OF INDIA

                         

FACTS: Complainant praying that this hon'ble court may be pleased to initiate (suo-motu) criminal contempt of court proceedings against the accused herein sri K.S.Anil, under the contempt of courts act, 1971 and to punish him in accordance with law.

 

    On 02 February 2023 Court has said that it is left with no option to pass and order for taking advocate case Anil into judicial custody for committing content of court.

     It had directed that Anil be taken into judicial custody for a period of 1 week and produce on 10 February 2023.

     He submitted an apology through Jail Authorities on Friday 07 Feb 2023.

     On 10 Feb 2023, Anil, filed and affidavit in which he submitted that, “he is Trial Court Junior Advocate and suffers from various element he also said poor in English and has no guidance from any senior advocate”. 

     The court had in its earlier order noted that the statement made by advocate making allegation against the judges clearly shows that accused is having no regard to the judicial system.

     The court observed , “The accused being practicing advocate and consistent behaviour of the accused earlier occasions, and today making wild allegation against the judicial system and the judicial officer in particular indicates he is trying to demean Institution and lowering the image of the judicial system in the public eye"

JUDGEMENT:  

1 Respondent-accused who is produced before this court from judicial custody submits memo cum written statement dated 07.02.2023, seeking / tendering apology in all Crl.CCC cases pending before the High Court.

2. Respondent-accused is directed to file an affidavit in support of the memo cum written statement and the respondent-accused agreed to file the affidavit and submits that during the course of the day itself he will file the affidavit. Accordingly respondent-accused to filed the affidavit same day.

CRL.CCC No. 9 of 2019 C/W CRL.CCC No. 13 of 2022 C/W CRL.CCC.No.1 of 2023

3. Pursuant to our order passed today in the forenoon session, the accused has filed an affidavit duly sworn before the Notary Public. It is stated in the affidavit that the accused is a Trial Court Junior Advocate and he is suffering from some body/physical pain, mental stress and other ailments. It is further stated that he is poor in English as well as in High Court practice and he has no guidance from any Senior Advocates. In view of all the said reasons, he has submitted an apology through the Jail Authorities on 07.02.2023. It is also stated that 6 criminal contempt cases are filed against him in this Court.

4. Though a reference is made to various criminal contempt cases filed against him, only Crl.CCC No.9/2019, Crl.CCC No.13/2022 and Crl.CCC No.1/2023 are pending consideration in this Court. By accepting the apology tendered by the accused in these three cases i.e., Crl.CCC No.9/2019, Crl.CCC No.13/2022 and Crl.CCC No.1/2023, the contempt proceedings are closed.

CRL.CCC No. 9 of 2019 C/W CRL.CCC No. 13 of 2022 C/W CRL.CCC.No.1 of 2023

5. The Karnataka High Court on 10 Feb 2023, accepted the unconditional apology tender by an advocate who was sent to one week judicial custody for contempt of court. The Contempt of proceedings are closed. Respondent accused released forthwith.

 Download English