High Court Of Karnataka vs Sri H P Moganna Gowda
2023 Latest Caselaw 4942 Kant

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                                                    NC: 2023:KHC:26328-DB
                                                        CRL.CCC No. 3 of 2023




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                            DATED THIS THE 27TH DAY OF JULY, 2023

                                           PRESENT
                   THE HON'BLE MR. PRASANNA B. VARALE, CHIEF JUSTICE
                                              AND
                             THE HON'BLE MR. JUSTICE M.G.S. KAMAL
                                    CRL. CCC NO. 3 OF 2023
                   BETWEEN:

                   HIGH COURT OF KARNATAKA
                   REPRESENTED BY THE REGISTRAR GENERAL
                   BENGALURU-560001

                                                              ...COMPLAINANT

                   (BY SRI VINAYAKA V.S, HCGP)
                   AND:

                   1.    SRI H P MOGANNA GOWDA
                         AGED ABOUT 62 YEARS
                         S/O PARVATHAPPA
Digitally signed         R/AT HIREMAGALURU BADAVANE
by K P SWETHA            CHIKKAMAGALURU TOWN
Location: HIGH           AND DISTRICT-577101
COURT OF
KARNATAKA
                   2.    SRI YATHIRAJ NAIDU
                         S/O LATE C G JAGANATH NAIDU
                         AGED ABOUT 44 YEARS
                         R/AT INDIRA NILAYA, KOTE
                         SUGGIKAL ROAD
                         CHIKKAMAGALURU CITY
                                                                  ...ACCUSED

                   (BY SRI GANGADHARAPPA A V, ADVOCATE FOR A1;
                   V/O DATED 18.04.2023, CRL. CCC AGAINST A2 IS DROPPED)
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                                       NC: 2023:KHC:26328-DB
                                            CRL.CCC No. 3 of 2023




     THIS CRL.CCC 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 PRAYING THAT THIS HON'BLE COURT
PLEASED TO INITIATE (SUO-MOTU) CRIMINAL CONTEMPT OF
COURT PROCEEDINGS AGAINST (1) SRI H.P.MOGANNA
GOWDA, AGED ABOUT 62 YEARS, S/O PARVATHAPPA, R/AT
HIREMAGALURU BADAVANE, CHIKKAMAGALURU TOWN AND
DISTRICT - 577101 AND (2) SRI YATHIRAJ NAIDU, S/O LATE
C.G.JAGANATH NAIDU, AGED ABOUT 44 YEARS, R/AT INDIRA
NILAYA, KOTE, SUGGIKAL ROAD, CHIKKAMAGALURU CITY
UNDER THE CONTEMPT OF COURTS ACT, 1971 AND PUNISH
THEM IN ACCORDANCE WITH LAW.


     THIS CRL. CCC COMING ON FOR PRELIMINARY HEARING
THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:

                               ORDER

1. The learned counsel for accused No.1 submits that

accused No.1 is present before this Court and pursuant to the

order of this Court dated 12.07.2023, an affidavit dated

15.06.2023 is filed.

2. Perused the affidavit dated 15.06.2023 filed by the

learned counsel for accused No1. In paragraph Nos.4 and 5 of

the said affidavit, the following statements are made:-

"4. I state that challenging the judgment, the beneficiary-South Western Railways filed appeal before this Hon'ble Court in M.F.A.No.2788/2019. This Hon'ble Court granted interim stay in the said appeal subject to the appellant depositing 50% of the compensation amount awarded by the reference court. Accordingly the said amount has

NC: 2023:KHC:26328-DB CRL.CCC No. 3 of 2023

been deposited before this Hon'ble court. Subsequently I filed application I.A.No.1/2021 seeking for release of the amount deposited and this Hon'ble court directed to release the compensation amount at the rate of Rs.157 per square feet. In view of the fact that it is Yathiraj Naidu who is entitle for receiving the compensation amount, I have not taken any steps to get the amount released and so far no compensation amount has been paid to me in respect of acquisition of the land either by this Hon'ble Court or by the reference court. The amount deposited is still with the Hon'ble Court.

5. I state that I hereby tender my unconditional apology for whatever that has taken place and that thereinafter I will not give room for any such incidence to take place in future."

3. The unconditional apology of accused No.1 is

accepted and the statement made in the affidavit that

hereinafter accused No.1 will not give any room for such

incident is taken as an undertaking to this Court. Accordingly,

the Criminal Contempt Petition is disposed of. Notice is

discharged.

Sd/-

CHIEF JUSTICE

Sd/-

JUDGE KPS