Authority: High Court of Karnataka at Bengaluru
Order Date: 10 July 2026
Case Overview
- Parties: Power TV, a news channel operated by Power Smart Media Private Limited (later represented by Power Smart Media (OPC) Pvt Ltd) and its Managing Director Mr Rakesh S Shetty, appellant; Dr B R Ravikanthegowda, respondent.
- Background: Respondent filed suit O.S.No.1602/2023 seeking a permanent injunction restraining fifty‑two media houses from publishing material alleged to be defamatory. The trial court granted an ex parte interim injunction on 08.09.2023 prohibiting defendants from broadcasting or publishing any material that could damage the respondent’s reputation.
- Alleged breach: Power TV allegedly telecast programmes on 22.09.2023 and 23.09.2023 labeling the respondent as “Dushta IPS Adhikari”, thereby violating the injunction. The trial court held the breach was willful and ordered civil imprisonment for three months under Order 39 Rule 2A of the CPC.
- Appeal arguments: The appellant contended that the MD is not the editor and that the evidence did not establish willful disobedience. The respondent countered that the MD signed the written statement, was aware of the injunction, and personally participated in the proceedings, establishing liability.
- Legal discussion: The High Court examined the scope of Order 39 Rule 2A, emphasizing the term “person guilty” and the need for knowledge and willful disobedience. It relied on precedents including Anil Ratan Sarkar, Sudhakar Pai, Samee Khan, and others, affirming that courts may detain a person for up to three months and may also attach property, with discretion based on the gravity of the breach.
Final Outcome
- The Miscellaneous First Appeal is dismissed and the trial court’s finding of willful violation is confirmed.
- The original three‑month civil imprisonment is modified to one day.
- The appellant must file an affidavit undertaking strict compliance with the 08.09.2023 injunction, broadcast a statement of apology on its channel, and pay a cost of Rs 50,000 to the respondent. The affidavit and apology must be filed within two weeks; the cost must be deposited within four weeks.
- If the appellant fails to comply, the modified order will lapse and the original three‑month imprisonment order will be revived and become enforceable.
- The trial court is directed to expedite the underlying suit in accordance with law.
Topics: Media injunction, Court contempt