B S KARIBASAPPA vs THE STATE OF KARNATAKA
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC:60092-DB
CCC No. 831 of 2025
CNR: KAHC010437342025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 28 DAY OF OCTOBER, 2026
PRESENT
THE HON'BLE MR. JUSTICE JAYANT BANERJI
AND
THE HON'BLE MRS. JUSTICE N.V.BHAVANI
CIVIL CONTEMPT PETITION NO. 831 OF 2025
BETWEEN:
B.S.KARIBASAPPA
S/O LATE SANNA BASAPPA,
AGED ABOUT 85 YEARS,
AGRICULTURIST,
R/O D B HALLI VILLAGE,
BHADRAVATHI TALUK,
SHIVAMOGGA DISTRICT-577 501.
…COMPLAINANT
(BY SRI.B.K.MANJUNATH, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
DEPARTMENT OF HOME,
M.S.BUILDING,
BENGALURU-560 001,
REP. BY ITS SECRETARY.
…PROFORMA RESPONDENT
2. G.K.MITHUN KUMAR,
THE SUPERINTENDENT OF POLICE,
SHIVAMOGGA DISTRICT,
SHIVAMOGGA-577 201.
3. K.R.NAGARAJ,
THE DEPUTY SUPERINTENDENT OF POLICE
SHIVAMOGGA CITY,
SHIVAMOGGA DISTRICT-577 201.
4. LAXMIPATHI,
THE CIRCLE INSPECTOR OF POLICE,
Digitally signed
by K G
RENUKAMBA
Location: High
Court of
Karnataka
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HOLEHONNUR,
BHADRAVATHI TALUK,
SHIVAMOGGA DISTRICT-577 227.
5. RAMESH,
THE SUB-INSPECTOR OF POLICE,
HOLEHONNUR, BHADRAVATHI TALUK,
SHIVAMOGGA DISTRICT-577 227.
6. M.S.SHIVAKUMAR,
S/O LATE M.C.SHIVANNA,
AGED ABOUT 51 YEARS,
D.B.HALLI VILLAGE,
BHADRAVATHI TALUK,
SHIVAMOGGA DISTRICT-577 301.
7. RUDRASHETTY
S/O LATE M.C.SHIVANNA,
AGED ABOUT 61 YEARS,
D.B.HALLI VILLAGE,
BHADRAVATHI TALUK,
SHIVAMOGGA DISTRICT-577 301.
8. SMT SANGAMMA,
W/O LATE M.C.SHIVANNA,
D.B.HALLI VILLAGE,
BHADRAVATHI TALUK,
SHVIAMOGGA DISTRICT-577 301.
…ACCUSED
(BY SMT.B.SUKANYA BALIGA, AGA FOR PROFORMA R1 & A2 TO A5;
SRI.S.R.HEGDE HUDLAMANE ADVOCATE FOR A6 AND A7)
THIS CIVIL CONTEMPT PETITION IS FILED UNDER SECTIONS
11 AND 12 OF THE CONTEMPT OF COURTS ACT, BY THE
COMPLAINANT, WHEREIN PRAYS THAT THE HON’BLE COURT BE
PLEASED TO ALLOW THE ABOVE CONTEMPT PETITION AND PUNISH
THE ACCUSED FOR WILFUL AND DELIBERATE DISOBEDIENCE OF
THE COURT ORDER PASSED BY THIS HON’BLE COURT IN
W.P.NO.31920/2024 (GM-POLICE) DATED 28.11.2024 VIDE
ANNEXURE - R AND CONVICT THE ACCUSED UNDER THE
PROVISIONS OF CONTEMPT COURT ACT 1971.
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CCC No. 831 of 2025
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THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE JAYANT BANERJI
AND
HON'BLE MRS. JUSTICE N.V.BHAVANI
ORAL ORDER
(PER: HON'BLE MR. JUSTICE JAYANT BANERJI)
Heard learned counsel for the complainant and learned
counsel for the accused.
2. This petition is filed seeking initiation of contempt
proceedings against the accused for deliberate disobedience of
the order dated 28.11.2024 passed by this Court in Writ
Petition No. 31920/2024. By means of the order, contempt of
which is alleged, the respondent Nos.4 and 5 therein, who are
police authorities were directed to extend protection to the
petitioner in relation to the subject property in light of the order
passed by this Court in Writ Petition No. 19743/2024 (GM-
POLICE).
3. On record is a compliance affidavit filed on
16.10.2026, Paragraph Nos. 6 to 10 of which read as follows:-
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" xxx xxx xxx xxx
6. It is submitted that after the disposal of
the W.P.No.19743/2024, the complainant had
given a written complaint to the respondent
no.5. However, he did not produce the copy of
the orders passed by the Learned Single Judge
passed in W.P. No: 19743/2024. Upon receipt of
the said complaint, the same was duly
registered in F.I.R. No: 304/2024. The copy of
the said F.I.R. is herewith as Annexure-R-1. It is
further submitted that in dutiful obedience to
the Hon'ble Court's orders to provide protection,
the jurisdictional police deployed personnel to
the complainant's property (Sy. No. 97/1) to
ensure safe agricultural activities on multiple
dates, including 24/07/2025, 01/08/2025, and
26/09/2025.
7. Furthermore, upon receiving complaints of
trespass and theft from the complainant, the
police acted promptly by registering criminal
cases against the private accused, specifically
FIR No. 430/2024, FIR No. 245/2025, and FIR
No. 269/2025. The copy of the FIR No.430/2024
is herewith produced ANNEXURE-R2. The copy
of the FIR No.245/2025 is herewith produced as
ANNEXURE-R-3. The copy of the FIR
No.269/2025 is herewith produced as
ANNEXURE-R-4. The Respondents-Police have
consistently maintained law and order and
implemented the lawful directions of this Hon'ble
Court within their statutory powers.
8. The averments regarding the Hon'ble Civil
Court's orders dated 29-07-2015 and the
intimation dated 31-07-2015 in O.S. No.
341/2009 are matters of record. However, the
allegation that the answering respondents
(Police Authorities) failed to provide protection
is vehemently denied as factually incorrect and
baseless. With the highest respect and in strict
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obedience to the Hon'ble Court's directives, the
jurisdictional police have actively provided
physical bandobasth (protection) at the disputed
land (Sy. No. 97/1) to ensure the complainant's
peaceful agricultural activities. As conclusively
proven by the official deployment reports and
the detailed Police Inspector's report dated
13/11/2025 submitted to this Hon'ble Court,
ground protection was actively executed on
multiple dates:
• On 24/07/2025, ASI Lingaraj, HC
368 Ananda, and WPC 1376
Shivamma were deployed at the
spot and provided protection for the
complainant's agricultural work
based on DP No. 400/2025.
• On 01/08/2025, ASI Krishnanaik, HC
71 Annappa, CHC 462 Prakash Naik,
and CPC 1125 Vishwanath were
deployed and provided full security
cover based on DP No. 417/2025.
Furthermore, photographic evidence of this
police bandobasth has been recorded on-site.
Therefore, the police have strictly discharged
their duties, and the allegations of inaction are
completely belied by official station records.
9. The averments made in para 8 of the
Contempt Petition regarding the submission of
the report dated 15/08/2025 by the 5th
Respondent are matters of record but it is
submitted that the allegations of submitting a
"false report" or "colluding" with the private
accused are vehemently denied as baseless. The
report submitted by the police was a factual
ground assessment following a physical spot
inspection. Upon assessing a severe threat to
life and public property at the disputed site, the
police rightly requested the assistance of the
competent Revenue Department to measure and
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demarcate the exact physical boundaries of the
land. It is respectfully submitted that land
measurement and boundary identification fall
exclusively under the statutory jurisdiction of
the Revenue Department, not the Police
Department. Seeking such vital clarification
from the Revenue Department to prevent a
major law and order breakdown is a standard,
bona fide administrative procedure and cannot
be construed as wilful disobedience of the
Hon'ble Court's orders. Furthermore, official
records, including the Police Inspector's
comprehensive report dated 13/11/2025,
conclusively prove that the police have been
actively providing physical bandobasth to the
complainant for his agricultural activities,
directly refuting any claims of collusion or
inaction.
10. It is submitted that the allegation made in
para 11 of the contempt petition that
Respondent Nos. 2 to 5 disobeyed the interim
order in W.P. No.31920/2024 and that seeking
clarification amounts to contempt is vehemently
denied as factually incorrect and misconceived.
Seeking physical boundary clarification from the
competent Revenue Authority (Tahsildar) is a
necessary, bona fide administrative procedure
to ensure this Hon'ble Court's protection orders
are accurately executed on the correct land
parcel without causing wrongful dispossession or
a breach of peace. Furthermore, the claim that
the police failed to provide protection is hereby
denied as evidenced by the Police Inspector's
detailed report dated 13/11/2025, physical
police bandobasth was actively provided at the
disputed site (Sy. No. 97/1) on multiple dates,
including 24/07/2025 (by ASI Lingaraj and
team) and 01/08/2025 (by ASI Krishnanaik and
team), successfully securing the complainant's
agricultural activities. (as stated above).
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4. An unconditional apology has also been tendered by
the deponent, who is Sri.Laxmipathi R.L., the Police Inspector
of Karnataka Lokayukta, Haveri.
5. In view of the aforesaid, we find that due steps
have been taken by the Police Authorities in compliance of the
order of the writ Court. This contempt petition is accordingly
consigned.
Sd/-
(JAYANT BANERJI)
JUDGE
Sd/-
(N.V.BHAVANI)
JUDGE
KGR
List No.: 1 Sl No.: 32