- 1 - HC-KAR NC: 2026:KHC:27296 WP No. 12665 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO. 12665 OF 2018 (GM-RES) BETWEEN: 1. MRS. MAMATHA W/O. NANDEESHA, AGED ABOUT 45 YEARS, RESIDENT OF H. NO.1, 2ND CROSS, GUPTHA LAYOUT, LAKKASANDRA, BENGALURU-560 030. 2. MR. H. M. JAYANNA S/O. LATE MALAPPA, AGED ABOUT 43 YEARS, RESIDENT OF H. NO.1, 2ND CROSS, GUPTHA LAYOUT, LAKKASANDRA, BENGALURU-560 030. (BOTH PETITIONERS REPRESENTED BY GPA HOLDER DR. SAVIO PEREIRA, S/O TOMAS PEREIRA AGED ABOUT 49 YEARS 573, 5TH AVENUE, TEACHERS COLONY VENKATAPURA, KORAMANGALA, BANGALORE - 560 034). …PETITIONERS (BY SMT. JOLARPETTAI MATHAN LARA., FOR SRI. DOMINIC JAMES D.,ADVOCATE) Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:27296 WP No. 12665 of 2018 AND: 1. STATE OF KARNATAKA REPRESENTED BY SHO SADASHIVANAGAR P.S., C.V. RAMAN ROAD, BEL ROAD JUNCTION, SADASHIVANAGAR, BANGALORE-560 080. 2. S H O, C.I.D. CID ANNEXE BUILDING, CARLTON HOUSE, #1, PALACE ROAD, BENGALURU-560 001. 3. S H O, CYBER CRIME POLICE STATION C/O. OFFICE OF COMMISSIONER OF POLICE, #1, INFANTRY ROAD, BENGALURU-560 001. 4. COMMISSIONER OF POLICE #1, INFANTRY ROAD, BENGALURU-560 001. 5. KARNATAKA MEDICAL COUNCIL REPRESENTED BY ITS REGISTRAR, 16/6, MILLER TANK BUND ROAD, VASANTH NAGAR, BENGALURU-560 052. 6. SUPERINTENDENT OF POLICE CENTRAL BUREAU OF INVESTIGATION, 36, BELLARY ROAD, DENA BANK COLONY, GANGA NAGAR, BENGALURU-560 032. 7. V. NANDA KISHORE S/O LATE SRI. V. ANJANEYULU AGED ABOUT 70 YEARS BLOOD BANK MEDICAL OFFICER - 3 - HC-KAR NC: 2026:KHC:27296 WP No. 12665 of 2018 M.S. RAMAIAH MEMORIAL HOSPITAL M.S. RAMAIAH NAGAR MSRIT POST, NEW BEL ROAD MATHIKERE, BENGALURU - 560 054. …RESPONDENTS (BY SMT. ASMA KOUSAR ADDL., SPP A/W SRI. MAHANTESH SHETTAR, AGA FOR R1 TO R4; SRI. P. PRASANNA KUMAR., ADVOCATE FOR R6; SRI. DORERAJ B.H., ADVOCATE FOR R5; SRI. C. PATTABIRAMAN.,ADVOCATE FOR R7) THIS WRIT PETITION IS FILED BY PARTY IN PERSON PRAYING TO DIRECT THE RESPONDENT STATION HOUSE OFFICER SADASHIVANAGAR POLICE STATION AND SHO CYBERCRIME POLICE STATION TO FORWARD THE VARIOUS COMPLAINTS RELATED TO CRIMINAL MEDICAL NEGLIGENCE TO KARNATAKA MEDICAL COUNCIL AS DIRECTED BY THE MAGISTRATE (SUBMITTED AS ANNEXURE NOS.F, G, H AND J) AND AWAIT THE FINAL REPORT OF KARNATAKA MEDICAL COUNCIL AS MENTIONED IN DETAIL AS FOLLOWS AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL - 4 - HC-KAR NC: 2026:KHC:27296 WP No. 12665 of 2018 ORAL ORDER This petition is by the petitioners seeking following reliefs: 1. To direct the Respondent Station House Officer Sadashivanagar Police Station and SHO Cyber Crime Police Station to Forward the Various Complaints related to CRIMINAL MEDICAL NEGLIGENCE to Karnataka Medical Council as directed by the Magistrate [submitted as ANNEXURE NOS. F,G, H & J] and await the FINAL REPORT OF Karnataka Medical Council as mentioned in detail as follows: a. Criminal complaint of Forgery of Medical Records by ICTC department submitted as PCR No. 870/2016 dated 06/02/16 filed in Sadashivanagar P.S and registered in 7th ACMM Court [Submitted as ANNEXURE No. F). b. Criminal Complaint of Forgery of Medical Records by MS Ramaiah Hospital submitted as PCR No. 7647/2016 dated 26/07/16 filed in Sadashivanagar P.S and registered in 7th ACMM Court [Submitted as ANNEXURE No. G). c. Criminal Complaint of CRIMINAL NEGLIGENCE by causing HIV-infection by M S Ramaiah Hospital submitted as PCR No. 11925/2016 dated 09/11/16 filed in Sadashivanagar P.S and registered in 7th ACMM Court [Submitted as ANNEXURE No. H]. d. Criminal Complaint of CYBERCRIME AND BREACH OF PATIENT PRIVACY by LEAKING NAME OF HIV-patient by M S Ramaiah Hospital dated 03.03.2018 filed in Cyber Crime P.S (submitted as Annexure No.J) 2. To Forward the Handwritings of H M Jayanna, Mamatha, Bharathi, Rakesh Kumar, Dr Mamatha and Dr Rajini Uday to FSL Madiwala for Forensic Examination. 3. To pass Orders to direct the Respondent I.O. C.I.D. to Forward the Various Complaints of CRIMINAL MEDICAL NEGLIGENCE to Central Bureau of Investigation or another neutral agency for proper investigation [Submitted as ANNEXURE Nos. F,G,H & J]. - 5 - HC-KAR NC: 2026:KHC:27296 WP No. 12665 of 2018 4. To direct Karnataka Medical Council to Send the Final Orders of the Various Complaints to the respective Investigating agency like C.I.D. or C.B.I on conclusion of Enquiry [Submitted as ANNEXURE-K]. 5. To direct Karnataka Medical Council to allow GPA Holder Dr Savio Pereira to represent the Petitioners in Karnataka Medical Council." 2. Brief facts of the case are: (a). That petitioner No.1 claimed to have been admitted on 13.02.2014 for treatment of primary infertility at M.S.Ramaiah Hospital, M.S.R. Nagar, M.S.R.I.T Post, Bangalore. It is alleged that due to negligence, she was transfused with HIV-infected blood. It is claimed that when she was admitted on 13.02.2014, the HIV test results were shown negative. Even the discharge summary issued by M.S.Ramaiah Hospital, though mentioned about the blood transfusion, it shown HIV status as negative. That petitioner No.1 was thereafter re-admitted on 19.02.2014. However, it was then she was declared to have been infected with HIV and the result being positive. The discharge summary dated 19.02.2014 also indicated HIV test results to be positive. (b). Petitioner No.1 was thereafter referred to ICTC department for HIV testing by the Semi-Governmental body on - 6 - HC-KAR NC: 2026:KHC:27296 WP No. 12665 of 2018 21.02.2014. She was asked to collect the report on 24.02.2014. The Counsellor at ICTC verified the earlier records prior to 13.02.2014. It revealed HIV positive. Thus, it is alleged that when the petitioner got herself admitted for treatment of primary infertility on 13.02.2014, the test reports indicated she being tested HIV negative. It is only after her readmission on 19.02.2014 and thereafter documents have been tampered, forged and fabricated to indicate that even before her admission on 13.02.2014 she had history of HIV positive. (c) Therefore, the petitioners were constrained to file a complaint before the jurisdictional police, namely Sadashivanagar Police, who delayed registration of the crime against the persons responsible in the said hospital, constraining the petitioner thereto to file a private complaint before the VII ACMM Court, Nrupathunga Road, Bangalore in PCR No.870/2016 against Dr.Mamatha, Rakesh Kumar, Bharathi and other unknown persons which came to be registered in Crime No.92/2016 for the offences punishable under Sections 466, 420, 463, 464, 467, 468, 469, 471, 120B, 34 and 149 of IPC, 1860. - 7 - HC-KAR NC: 2026:KHC:27296 WP No. 12665 of 2018 (d). Thereafter the petitioners filed another private complaint in PCR No.7647/2016 before VII ACMM Court, Nrupathunga Road, Bangalore against Dr.Rajini Uday, Dr.Mamatha, Dr. Narendranath, Dr. G. S. Banashankari, Dr.V.Nandakishore, Dr. Sandeep, Rakesh Kumar and Bharathi and other persons, pursuant to which a case in Crime No.186/2016 came to be registered for the offence punishable under Sections 191, 193, 196, 205, 416, 466, 420, 463, 464, 467, 468, 469, 471, 120B, 34 and 149 of IPC, 1860. (e). Petitioners filed another private complaint in PCR No.11925/2016 before the VII ACMM Court, Nrupathunga Road, Bangalore, pursuant to which case in Crime No.225/2016 came to be filed for the offences punishable under Sections 91, 34, 120B, 324, 320, 338 and 336 of IPC, 1860. (f). Petitioners also filed complaints before the Registrar of Karnataka Medical Council in KMC Enquiry No.25/2015 and KMC Enquiry No.10/2017 against the aforesaid persons. (g). Upon the registration of the cases by Sadashivanagar Police, investigation was commenced. It is at this juncture, petitioners filed applications before the - 8 - HC-KAR NC: 2026:KHC:27296 WP No. 12665 of 2018 Jurisdictional Magistrate seeking change of Investigation Officer and to hand over the Investigation to C.I.D, Bangalore on the allegation of slow-pace in the investigation. The said applications came to be allowed by the VII ACMM Court, vide orders dated 13.07.2017, 15.07.2017 and 13.10.2017. As against which, Criminal Petition in Crl.P.No.3282/2018 came to be filed by the respondent No.1-State represented by SHO, Sadashivanagar P.S. Simultaneously, petitioners have approached this Court by filing the above writ petition seeking reliefs as noted above. 3. Learned counsel for the petitioners taking this Court through the records submits that the present petition is necessitated in the light of the judgment of the Apex Court in the case of JACOB MATHEW VS. STATE OF PUNJAB reported in AIR (SCW) 2005 3685, wherein the Apex Court while laying down certain guidelines had directed that the Investigation Officer before proceeding against doctor, accused of rash or negligent act or omission, obtained an independent and competent medical opinion, preferably from a doctor in the Government service qualified in that branch of medical practice, who can normally be expected to give an impartial and - 9 - HC-KAR NC: 2026:KHC:27296 WP No. 12665 of 2018 unbiased opinion applying the Bolam test to the facts collected during the investigation. She submits since there is a gross negligence in the instant case at the hands of the accused persons in the aforesaid private complaints, petitioner No.1 being victim of wrong transfusion of HIV infected blood, an independent opinion by the Medical Council of Karnataka is required in the matter, before the respondent No.1-Police could proceed further in the case. Therefore, the petition. 4. Learned AGA along with Addl. SPP taking this Court through the allegations and the averments made in the aforesaid private complaints and the provisions of Indian Penal Code invoked pursuant thereof, submits that the guidelines laid down by the Apex Court in the case of Jacob Mathew supra do not strictly apply to the facts of the instant case, inasmuch as what was contemplated/encompassed under the said judgment was sheer case of medical negligence falling within the provisions of Section 304A of IPC and in the instant case, the primary allegations made in all the three private complaints are with regard to offences in the nature of forgery, fabrication, cheating and causing injury to the complainant. They also submit nonetheless petitioner No.1 herself has approached the - 10 - HC-KAR NC: 2026:KHC:27296 WP No. 12665 of 2018 Medical Council of Karnataka by filing complaints specifically alleging medical negligence on the averments which are identical to the allegations made in the complaints. That this Court by an interim order dated 21.10.2021 had stayed the further proceedings even in the said enquiry before the Karnataka Medical Council. If the result of the enquiry by the Council had come out, the investigation by the jurisdictional police would have now been completed. Therefore, seek for dismissal of the petition. 5. Learned counsel appearing for the respondent No.6- Karnataka Medical Council submitting an affidavit along with order sheets in both the enquiries submit that soon after registration of the complaints by petitioners enquiry was conducted expeditiously and matter was at the stage of cross- examination of complainant and it is at this juncture the interim order dated 21.10.2021 passed by this Court at the instance of petitioners has brought everything to grinding halt. Delay if any, is attributable only to the petitioners and none else. He further submits that if the interim order is vacated, the Medical Council would proceed and complete the enquiry and pass appropriate order in accordance with law. - 11 - HC-KAR NC: 2026:KHC:27296 WP No. 12665 of 2018 6. Learned Additional SPP hasten to add that respondent No.1-Sadashivanagar Police has proceeded with the matter and has almost completed the investigation and only final report is required to be submitted. She further submits that the investigation with regard to the offences other than the medical negligence have already been completed and that they would be filing the report in this regard. But for the pendency of this petition, they would have filed the final report. 7. At this juncture, learned counsel for the petitioners submits that if a direction is issued to the respondent No.5- Medical Council of Karnataka to expedite the enquiry and file a final order/report and if it is found there is a medical negligence, the respondent No.1-Sadashivanagar police be directed to investigate into the aspect of medical negligence as well. 8. In response, learned AGA along with Addl. SPP submit that as and when the report of the Medical Council of Karnataka is submitted with regard to the aspect of medical negligence, the same will also be taken into consideration by the respondent No.1-police and appropriate action in this - 12 - HC-KAR NC: 2026:KHC:27296 WP No. 12665 of 2018 regard will be taken. They however further submit, as regards the offences registered in crime numbers other than Section 304A of IPC is concerned, they may be permitted to proceed and submit the report with the available material obtained during the investigation. 9. The aforesaid submissions are placed on record. 10. Necessary to note that the criminal petition in Crl.P.No.3282/2018 that had been filed by the respondent- State aggrieved by the order dated 15.07.2017 passed by VII ACMM directing investigation by CID has been disposed of by this Court by order dated 19.02.2026. 11. The guidelines laid down by the Apex Court in Jacob Mathew's case relied upon by the petitioner seeking direction to the respondent-police to forward all the complaints to the Karnataka Medical Council are not applicable to the facts and circumstances of the present case inasmuch as said guidelines specifically pertain to the offence punishable under Section 304A of IPC which is not the subject matter of the aforesaid three cases in Crime Nos.92/2016, 186/2016 and 225/2016. - 13 - HC-KAR NC: 2026:KHC:27296 WP No. 12665 of 2018 12. Further that since the petitioners have independently initiated the proceedings before the Karnataka Medical Council in KMC Enquiry NO.25/2015 and KMC Enquiry No.10/2017 on the allegation of medical negligence there is no requirement of transferring/forwarding the aforesaid cases in Crime Nos. 92/2016, 186/2016 and 225/2016. 13. In that view of the matter and in the light of the submissions made by learned counsel for the petitioners and respondent authorities, petition is disposed of with the following directions: i. The respondent No.5-The Medical Council of Karnataka shall proceed with the enquiry in KMC Enquiry No.25/2015 as well as in KMC Enquiry No.10/2017 as expeditiously as possible and conclude the enquiry within an outer limit of six months. ii. The respondent No.1-Sadashivanagar Police shall proceed with the investigation and complete the same as regards the Crime Nos.92/2016, 186/2016 and 225/2016 are concerned, and shall file a report - 14 - HC-KAR NC: 2026:KHC:27296 WP No. 12665 of 2018 before the jurisdictional Magistrate as expeditiously as possible. iii. It is further made clear if in the event of the respondent No.5- The Medical Council of Karnataka coming to the conclusion of there being medical negligence on the part of respondents/accused, the respondent No.1- Sadashivanagar Police shall also take the said aspect into consideration and proceed further in the matter. iv. The petitioner No.1 and her brother petitioner No.2 shall extend necessary cooperation both before the respondent No.5- The Medical Council of Karnataka as well as before respondent No.1-Sadashivanagar Police in expeditious completion of the matters pending before them. Sd/- (M.G.S. KAMAL) JUDGE RU List No.: 1 Sl No.: 28