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Judgment
K.S. Mudagal, J
Accused, Sri Rajashekar, learned counsel for the complainant, Sri P.P.Hegde, learned senior counsel for the advocate on record for the accused are present. Accused is duly identified by his Counsel - Sri Venkatesh Somareddi.
Charge under Section 12(1) of the Contempt of Courts Act, 1971 is framed and read over to the accused. He admits non-compliance of the order and seeks to plead guilty. Despite explaining him about the consequences of pleading guilty, he submits that he is pleading guilty voluntarily. Sri P.P.Hegde, learned senior counsel submits that the accused is voluntarily pleading guilty.
The accused is science graduate, aged 52 years and he is advised by a senior counsel. Satisfied that the accused has understood consequences of pleading guilty and the same is voluntary. Hence, recording his plea, we proceed to pass the following:
ORDER
The accused is hereby convicted for committing contempt of Court punishable under Section 12(1) of the Contempt of Courts Act, 1971.
ORDER ON SENTENCE:
Heard on sentence.
Accused submits that because of proceedings between the parties, he has undergone several difficulties. He submits that now he is taking care of both of his sons. Learned Counsel for complainant disputes second son being with the accused.
However, Mr.Rishab, first son of the couple is present before the Court. He submits that he is staying with the accused since 6 years and presently his younger brother is also staying with his father. He further submits that the accused has taken care of his education and now taking care of the education of his younger brother also.
Accused is now aged 52 years and he has already undergone pretrial detention of 2 months 19 days. Considering the aforesaid facts and circumstances, the following:
ORDER
Accused is hereby sentenced to simple imprisonment of 2 months 19 days viz., the period of detention already undergone by him.
There shall be a set off as per Section 428 of the Criminal Procedure Code, 1973/Section 468 of the Bharatiya Nagarik Suraksha Sanhita,2023 for the period of detention already undergone by him.
It is made clear that this order has no bearing for execution of decree in MFA No.7373/2015(FC) C/w MFA No.6408/2015(FC).
Furnish free copy of this order to the accused.