HIGH COURT OF KARNATAKA vs SRI. CHETHAN KUMAR
- Court
- Karnataka High Court
- 1 -
HC-KAR
NC: 2026:KHC:59694-DB
CRL.CCC No. 2 of 2018
CNR: KAHC010263442018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 28 DAY OF OCTOBER, 2026
PRESENT
THE HON'BLE MR. JUSTICE D K SINGH
AND
THE HON'BLE MR. JUSTICE H.SHANTHI BHUSHAN
CRIMINAL CONTEMPT PETITION NO. 2 OF 2018
BETWEEN:
1. HIGH COURT OF KARNATAKA
REPRESENTED BY THE
REGISTRAR GENERAL,
BENGALURU-560 001.
…COMPLAINANT
(BY SRI. B.N.JAGADEESHA, SPP)
AND:
1. SRI. CHETHAN KUMAR
S/O. NANJUNDA GOWDA,
RESIDENT OF OLD POLICE QUARTERS,
WARD NO.19, SHIDDLAGHATTA,
CHIKKABALLAPURA.
…ACCUSED
(BY SMT. ARCHANA K M FOR ACCUSED [VIDE ORDER DATED:
12.11.2025 AUTHORISED BY HCLC)
THIS CRIMINAL CONTEMPT CASE IS FILED U/S 15 OF
Digitally
signed by
VASANTHA
KUMARY B K
Location:
HIGH
COURT OF
KARNATAKA
THE CONTEMPT OF COURTS ACT,1971 READ WITH ARTICLE
215 OF THE CONSTITUTION OF INDIA PRAYS THAT THIS
HON'BLE COURT MAY BE PLEASED TO INITIATE (SUO-MOTO)
- 2 -
HC-KAR
NC: 2026:KHC:59694-DB
CRL.CCC No. 2 of 2018
CNR: KAHC010263442018
CRIMINAL CONTEMPT OF COURT PROCEEDINGS AGAINST THE
ACCUSED HEREIN SRI CHETHAN KUMAR S/o NANJUNDA
GOWDA, OLD POLICE QUARTERS, WARD NO.14 RESIDENT OF
SHIDDLAGHATTA, CHIKKABALLAPURA DISTRICT, UNDER THE
CONTEMPT OF COURTS ACT, 1971 AND TO PUNISH HIM IN
ACCORDANCE WITH LAW.
THIS PETITION, COMING ON FOR ARGUMENTS, THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE D K SINGH
and
HON'BLE MR. JUSTICE H.SHANTHI BHUSHAN
ORAL ORDER
(PER: HON'BLE MR. JUSTICE D K SINGH)
The present suo motu criminal contempt proceedings
have been initiated against the contemnor/accused namely, Mr.
Chethan Kumar, pursuant to the order dated 01.02.2018
passed by this Court in Writ Petition Nos.44882–907/2017.
2. The aforesaid writ petitions had been filed by 26
students. These writ petitions were moved before the Vacation
Bench (Dasara Vacation). Vide interim order dated 28.09.2017,
the respondent-colleges were directed to receive the application
- 3 -
HC-KAR
NC: 2026:KHC:59694-DB
CRL.CCC No. 2 of 2018
CNR: KAHC010263442018
forms submitted by the petitioners/students, subject to the
result of the writ petitions.
3. Mr. A.L. Prem Kumar, learned counsel appearing for
the petitioners, had filed a complaint dated 16.11.2017 before
the Registrar General of the High Court of Karnataka alleging
that the interim order dated 28.09.2017 passed by this Court in
the said writ petitions had been fabricated by altering its date
to “28.10.2017” by certain persons. The fabricated order would
show the names of certain petitioners in those writ petitions as
the petitioners in the fabricated order, while at the same time,
including names of some other persons as the petitioners in the
cause title as if an order had been passed by the Court in
respect of those persons against the respondent-institutions.
4. The persons added to the order were not the
petitioners in the said writ petitions. Furthermore, 28.10.2017
was a Saturday and the Court was closed. The matter was
investigated by the concerned police and a charge sheet was
filed. The contemnor/accused is currently facing trial in the
criminal case. It is alleged that the date of the interim order
i.e., 28.09.2017 was fabricated to appear as interim order
- 4 -
HC-KAR
NC: 2026:KHC:59694-DB
CRL.CCC No. 2 of 2018
CNR: KAHC010263442018
dated 28.10.2017 and the names of certain students who were
not the petitioners in the said writ petitions were added in the
interim order. The writ Court, vide detailed order dated
01.02.2018, directed the Registry to place the matter before
Hon’ble the Acting Chief Justice for further direction.
5. In pursuance to the order of Hon’ble the Acting
Chief Justice dated 07.02.2018, a complaint was initiated and
suo motu contempt proceedings came to be filed. Thus, the
present Criminal Complaint Case No.2/2018 was registered on
the basis of the complaint filed on behalf of the petitioners
before the Registrar General of this Court, and notice was
issued to the accused/contemnor to file a reply to the contempt
petition.
6. After consideration of the reply submitted by the
contemnor/accused, this Court framed the following charge
against him on 10.07.2019:
C H A R G E
“We, Justice Ravi Malimath and Justice
H.P.Sandesh do hereby charge you, respondent/accused
i.e.,
Chethan Kumar,
- 5 -
HC-KAR
NC: 2026:KHC:59694-DB
CRL.CCC No. 2 of 2018
CNR: KAHC010263442018
S/o Nanjunda Gowda,
Resident of Old Police Quarters
Ward No.19, Shiddlaghatta,
Chikkaballapura.
as follows:
That, you Chethan Kumar tends to fabricate the
order of this Court dated 28.09.2017 passed in Writ
Petition Nos.44882-907/2017 as order dated 28.10.2017.
Further, on comparison of the cause title showing the
names of petitoners and respondents in interim order
dated 28.10.2017 with the cause title of the order dated
28.09.2017 with the cause title of the order dated
28.09.2017 passed in Writ petition Nos.44882-907 of
2017, it is found that some of the names of the original
parties are not identical with that of the cause title to the
writ petitions thereby amounting to criminal contempt
within the meaning of Section 2(c) of the Contempt of
Courts Act, 1971, punishable under Sections 11 and 12 of
the Act, within the cognizance of this Court.
And we hereby direct that you be tried by this Court on
the said charge.”
7. As many as six witnesses have been examined and
the statement of the contemnor/accused was recorded under
Section 313 of the Code of Criminal Procedure, 1973, wherein
all the incriminating material were put to him. The
contemnor/accused has not denied the charge of forging the
date of the interim order dated 28.09.2017 to read as
- 6 -
HC-KAR
NC: 2026:KHC:59694-DB
CRL.CCC No. 2 of 2018
CNR: KAHC010263442018
“28.10.2017” nor has he denied adding the names of students
who were not the petitioners. Since the charge of committing
criminal contempt by forging the date of the interim order
dated 28.09.2017 has been proved, the question which now
arises for consideration is as to the quantum of sentence to be
inflicted upon the contemnor/accused.
8. Mr. Chethan Kumar, the accused/contemnor, is
present in Court. As the charge stands proved and since the
contemnor has attempted to interfere with due course of the
judicial proceedings and polluted the stream of justice by
forging an order passed by this Court, we sentence him to
simple imprisonment for a period of three months.
9. We direct the police authorities present in the Court
to take him into custody forthwith to serve the sentence
imposed by this order.
10. Registrar (Judicial) shall issue conviction warrant
against the accused as per Rule 16 of the High Court of
Karnataka (Contempt of Court Proceedings) Rules, 1981.
- 7 -
HC-KAR
NC: 2026:KHC:59694-DB
CRL.CCC No. 2 of 2018
CNR: KAHC010263442018
11. Registry shall furnish a free copy of this order to the
accused/contemnor, immediately.
Accordingly, the contempt proceedings are closed.
Sd/-
(D K SINGH)
JUDGE
Sd/-
(H.SHANTHI BHUSHAN)
JUDGE
RKA
List No.: 2 Sl No.: 5