- 1 - HC-KAR NC: 2026:KHC:1297 WP No. 2651 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 2651 OF 2024 (GM-RES) BETWEEN: S K PRABHU S/O THEERTHAPPA AGED ABOUT 64 YEARS, OCC: AGRICULTURE, RESIDENT OF KOMMANALU VILLAGE, SHIMOGGA TALUK DISTRICT 577225. …PETITIONER (BY SRI.N RAMAKRISHNA.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY, VIDHANA SOUDHA, DR AMBEDKAR VEEDHI, BANGALORE 560001. 2. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF SOCIAL WELFARE, Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:1297 WP No. 2651 of 2024 VIDHAN SOUDHA, DR AMBEDKAR VEEDHI, BANGALORE 560001. 3. THE DEPUTY COMMISSIONER SHIMOGGA DISTRICT, SHIMOGGA 577201. 4. THE SUPERINTENDENT OF POLICE SHIMOGGA DISTRICT, SHIMOGGA 577201. 5. THE DEPUTY DIRECTOR DEPARTMENT OF SOCIAL WELFARE, SHIMOGGA DISTRICT, SHIMOGGA 577201. 6. GOVINDA NAIKA, S/O LATE RAMJI NAIKA, AGED ABOUT 64 YEARS, OCC: AGRICULTURE, RESIDENT OF KOMMANALU VILLAGE, SHIMOGGA TALUK DISTRICT- 577 225. …RESPONDENTS (BY SRI.SIDHARATHA BABU RAO., AGA FOR R1 TO R5) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING ENDORSEMENT DATED 05.07.23 ISSUED BY THE R5 IN NO.Sa.Ka.I.Shi/ Vi.Ni.10/ PARIHARA - 14/2019-20/404 PRODUCED AT ANNEXURE-G; DIRECTING THE RESPONDENTS TO FRAME NECESSARY RULES FOR THE RECOVERY OF - 3 - HC-KAR NC: 2026:KHC:1297 WP No. 2651 of 2024 COMPENSATION OT THE VICTIMS IN CRIMINAL CASES ONLY AFTER CONVICTION OF THE ACCUSED IN THE SUCH CASES; DIRECT THE RESPONDENTS IN PARTICULAR R3 AND R5 TO RECOVER THE COMPENSATION AMOUNT OF RS. 6-00 LAKHS RECEIVED BY PAID TO THE R6 BY CONSIDERING THE REPRESENTATION DATED 28.06.23, PRODUCED AT ANNEXURE-F AND ANNEXURE-F1. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioner is the second accused in Special Case No.224/2019 on the file of the II Additional District and Sessions Judge, Shivamogga [for short, 'the special Court']. The petitioner has stood trial for offences punishable under Section 3 of The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 [for short, 'the Act'] and other provisions of the Indian Penal Code, 1860. The allegation against the petitioner and the other co- - 4 - HC-KAR NC: 2026:KHC:1297 WP No. 2651 of 2024 accused is that when the first informant and his family members were working in their lands in Sy.No.92 of Kummanalu Village, Shivamogga Taluk, the petitioners and the others entered upon the land, abused the first informant and his family members. In fact, the allegation against the petitioner and his family members [more specifically the accused No. 1] is that there was an attempt to assault the first informant's daughter-in-law and disrobe her. The jurisdictional police have filed charge sheet on due investigation but the special Court has acquitted the petitioner and the other accused by its judgment dated 17.01.2023. 2. The special Court, on appreciation of evidence while answering the question on whether the petitioner and the other accused have deliberately and with knowledge that the first informant and his family members hail from a scheduled caste tried to humiliate them by referring their caste, has opined - 5 - HC-KAR NC: 2026:KHC:1297 WP No. 2651 of 2024 that the prosecution has failed to prove its case because of certain improvements made in the course of evidence and that the petitioner and the other accused have placed on record circumstances to justify that they are probably falsely implicated. The petitioner in these circumstances has called in question the Endorsement dated 05.07.2023 issued by the fifth respondent informing him that the compensation paid to the first informant and his family members under the provisions of the relevant Statute and regulation cannot be recalled. 3. Sri N.Ramakrishna, the learned counsel for the petitioner, submits that this Court must intervene and direct the authorities to recover the amount paid as compensation under the Act and the regulations thereunder because the special Court has opined that the first informant has falsely implicated the petitioner and others. The learned counsel submits that the first informant and his family - 6 - HC-KAR NC: 2026:KHC:1297 WP No. 2651 of 2024 members, because they would be paid compensation, have falsely implicated the petitioner and the others though there are pending civil litigations inter se. 4. Sri Sidharth Babu Rao, the learned Additional Government Advocate, while taking the Court through the scheme formulated under the Act, submits that a victim of humiliation/atrocity is paid a total compensation of Rs.10,00,000/- and 10% of this amount is paid firstly when the first information is registered; secondly 50% is paid when charge sheet is filed and lastly the remaining 40% is paid when there is conviction. The learned Additional Government Advocate submits that in this case the petitioner has stood trial after charge sheet and therefore the petitioner has no cause. 5. This Court finds formidable force in the learned Additional Government Advocate's submission because the Special Court has acquitted the petitioner and the others only on the ground that - 7 - HC-KAR NC: 2026:KHC:1297 WP No. 2651 of 2024 the prosecution has failed to prove beyond all reasonable doubt the accusation of atrocity being committed on the first informant and his family extending a benefit of doubt, and crucially it emerges that the first informant and his family members are not paid entire compensation because the trial has ended in an acquittal. As such, the petition stands rejected. SD/- (B M SHYAM PRASAD) JUDGE SA ct:sr