- 1 - HC-KAR NC: 2026:KHC:5836 WP No. 48523 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO. 48523 OF 2017 (GM-RES) BETWEEN: 1. JOLARPETTAI MATHAN LARA (PREVIOUSLY KNOWN AS ROSHNI MATHAN PEREIRA) D/O JOLARPETTAI ADIMOOLAM MATHAN, AGED ABOUT 44 YEARS RESIDENT OF 573, 5TH AVENUE TEACHERS COLONY VENKATAPURA, KORAMANGALA, BANGALORE - 560 034. 2. DR. SAVIO PEREIRA S/O TOMAS PEREIRA AGED ABOUT 48 YEARS RESIDENT OF 573, 5TH AVENUE TEACHERS COLONY VENKATAPURA, KORAMANGALA BANGALORE - 560034 …PETITIONERS (DR SAVIO PEREIRA-PARTY-IN-PERSON) AND: 1. STATE OF KARNATAKA REPRESENTED BY PRINCIPAL SECRETARY SOCIAL WELFARE DEPARTMENT VIDHANA SOUDHA BENGALURU - 560 001. 2. CHIEF SECRETARY GOVERNMENT OF KARNATAKA ROOM NO 320, 3RD FLOOR, Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:5836 WP No. 48523 of 2017 VIDHANA SOUDHA BENGALURU - 560 001. 3. DISTRICT SOCIAL WELFARE OFFICER BANGALORE URBAN OPP POLICE STATION 16TH CROSS, 4TH MAIN ROAD SAMPANGIRAMA NAGAR BENGALURU - 560 027. 4. SUPERINTENDENT OF POLICE CENTRAL BUREAU OF INVESTIGATION (CBI) NO.36, BELLARY ROAD, DENA BANK COLONY GANGA NAGAR, BENGALURU - 560 032. …RESPONDENTS (BY SRI. SMT. B.P. RADHA., AGA FOR R1 TO R3; SRI. P. PRASANNA KUMAR, SPL PP FOR R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 and 227 OF THE CONSTITUTION OF INDIA PARTY-IN-PERSON PRAYING TO DIRECT THE PRINCIPAL SECRETARY TO MONITOR DISTRICT SOCIAL WELFARE OFFICER TO EXECUTE THE ORDERS UNDER SECTION 15A[11][n] OF THE SCHEDULED CASTES AND SCHEDULED TRIBES [PREVENTION OF ATROCITIES]ACT 1989 AMENDMENT 2016 ASPER THE APPLICATIONS IN THE 11 PCRS AND CRIMES AND ORDERS PASSED BY JUDGE IN CCH-17 PENDING SINCE MARCH 2017 [SUBMITTED IN ANNEXURE-A AND B RESPECTIVELY AND ETC. THIS PETITION, COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL - 3 - HC-KAR NC: 2026:KHC:5836 WP No. 48523 of 2017 ORAL ORDER Petitioners-party in persons are before this Court seeking following reliefs: 1. To Direct the Principal Secretary to monitor District Social Welfare Officer to Execute the Orders Under Section 15A (11) (n) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989 Amendment 2016 as per the applications in the 11 PCRs and Crimes and Orders passed by Judge in CCH-17 pending since March 2017 [submitted in Annexure-A and B respectively). 2. To direct the Principal Secretary to Give Victim Compensation to Jolarpettai Mathan Lara as per the Mandatory provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989 Amendment 2016 [submitted in Annexure -A and B respectively]. 3. To Direct the Chief Secretary Government of Karnataka and Principal Secretary Government of Karnataka to conduct administrative enquiry and action Under Section 4 (2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989 Amendment 2016 against The District Social Welfare Officer Bangalore South Laxman Reddy, ACP Halasur Gate P S Siddaramaiah, Tahsildar Bangalore South Dr BR Dayanand, ADGP CRE Suneel Kumar T and others for Wilful negligence [submitted in Annexure -A and B respectively). 4. To Direct the Central Bureau of Investigation (CBI) to conduct "de Novo" Court monitored-Investigations and also as per the Orders of Judge in CCH-17 in the various applications including conducting DNA Test of Paternity of Sunil, Exhumation of Body of J A Mathan - 4 - HC-KAR NC: 2026:KHC:5836 WP No. 48523 of 2017 and deciding the Scheduled Caste status as per Supreme Court decisions (submitted in Annexure -A and B respectively). 2. Brief facts of the case are that petitioner No.1 was earlier known as Roshni Mathan Pereira, now called as Jolarpettai Mathan Lara was daughter of one Jolarpettai Adimoolam Mathan. Said Jolarpettai Adimoolamathan was allegedly murdered in year 1975 and though a case in Cr.No.345/1975 came to be registered, no investigation into the said crime was conducted by the jurisdictional police. That said Jolarpettai Adimoolam Mathan was a Adidravida belonging to Scheduled Caste community but was shown as Christian. 4. Being aggrieved by these two incidents, namely, non- investigation into the matter and showing him as a person belonging to Christian community, petitioner No.1 had preferred writ petition before this Court in W.P.No.17092- 17093/2012. This Court by Order dated 05.07.2012 disposed off the same by the following: ORDER "The first petitioner is the husband and the second petitioner is the wife. Two complaints are lodged in Crime No.1418/2011 with Madivala Police Station as against one Srikanth @ Ramesh and - 5 - HC-KAR NC: 2026:KHC:5836 WP No. 48523 of 2017 Sunil Kumar Radson in respect of criminal intimidation of petitioner no.2. Another complaint is lodged in Crime No.14/12 before the Yadgir Town Police Station as against Shantharaj Radson and his six sons for fraudulently using themselves as Doctors in the name of J.A.Mathan. This complaint is also lodged by both the first petitioner as well as second petitioner. Party-in- person Dr.Pereira submits that another complaint is lodged with Ashoknagar Police Station with respect to the death of his father-in-law that is Dr.Jolarpettai Adimoolam Mathan indicating that the death is not accidental but homicidal. The grievance of Dr.Pereira is that even as on today none of these complaints are being examined by the respective Investigating Agency. Hence, these writ petitions for a writ of mandamus to the concerned police to expedite the investigation and file a report. Indeed the petitioners have asked for various reliefs including subjecting the parties to the proceedings to undergo. Insofar as the request made by the petitioners in respect of the three complaints, there should not be any difficulty inasmuch as the first of the complaint is lodged in October 2011 and the second one in January 2011. Insofar as the third complaint is concerned with the Ashoknagar Police Station with reference to the death of Dr.J.M.Mathan is concerned, the grievance of the petitioner is that the said complaint is not received by the police. I am of the view that if a suitable direction is issued to the concerned police to receive the complaint and to investigate into the matter that would meet the ends of justice. Insofar as the DNA test with reference to the paternity is concerned, the same is kept open to be considered at a later point of time by the Investigating Agency with the permission of the concerned Magistrate. Hence, the following order: The Ashoknagar Police, Yadgir Police and the Madivala Police to complete the investigation within a period of two months with reference to the complaints lodged by the petitioners. Accordingly, the writ petitions stand disposed of. Smt.M.C.Nagashree, HCGP is permitted to file her memo of appearance within four weeks." 5. Apparently, pursuant to the aforesaid order, a case in Crime No.332/2012 came to be registered for the offences punishable under Sections 302, 201, 120B read with Section 34 - 6 - HC-KAR NC: 2026:KHC:5836 WP No. 48523 of 2017 IPC which resulted in `B' report being filed. Same was challenged by the petitioners by filing a protest memo. 6. Learned XI ACMM rejected the protest memo essentially on the ground that the petitioners had already invoked the jurisdiction of the Special Court i.e., II Additional City Civil and Sessions Judge, Bengaluru dealing with offences arising out of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 by filing a complaint in terms of Section 2(d) of Cr.P.C. Being aggrieved a criminal revision petition in Crl.RP.No.321/2014 was filed by the petitioner No.1. This Court taking note of the reason assigned, declined to interfere with the order accepting the `B' report. However, reserved liberty to the petitioners to pursue the private complaints filed by them before the II Additional City Civil Judge. In the order passed in Criminal Revision Petition No.321/2014 dated 30.11.2015, it appears petitioner herein has filed as many as 15 private complaints on various counts. The fifteen private complaints which are pending consideration before the II Additional City Civil and Sessions Judge and Special Judge, City Civil Court, Bengaluru, are as under: - 7 - HC-KAR NC: 2026:KHC:5836 WP No. 48523 of 2017 PÀæ.¸ÀA ¦.¹.Dgï. ¥ÀæPÀgÀt ¸ÀASÉå J¥sï.L.Dgï/ C¥ÀgÁzsÀ ¸ÀASÉå ¥ÀæPÀgÀt zÁR¯ÁzÀ ¥Éưøï oÁuÉAiÀÄ ºÉ¸ÀgÀÄ ªÀÄvÀÄÛ ¢£ÁAPÀ 1 62/2013 408/2013 ºÀ®¸ÀÆgÀÄ ¢£ÁAPÀ:03.11.2013 2 76/2013 194/2014 ºÀ®¸ÀÆgÀÄ UÉÃmï ¢£ÁAPÀ:26.06.2014 3 59/2013 201/2014 ºÀ®¸ÀÆgÀÄ UÉÃmï ¢£ÁAPÀ:30.06.2014 4 56/2013 627/2013 C±ÉÆÃPÀ£ÀUÀgÀ ¢£ÁAPÀ:15.11.2013 5 66/2013 63/2014 C±ÉÆÃPÀ£ÀUÀgÀ ¢£ÁAPÀ: 05.02.2014 6 64/2013 409/2013 ºÀ®¸ÀÆgÀÄ ¢£ÁAPÀ: 03.11.2013 7 7/2014 167/2014 C±ÉÆÃPÀ£ÀUÀgÀ ¢£ÁAPÀ: 25.03.2014 8 - 1213/2013 (1148/2011 ªÀÄrªÁ¼À ¢£ÁAPÀ:25.11.2011 9 63/2013 46/2014 G¥ÁàgÀ¥ÉÃmÉ ¢£ÁAPÀ : 09.12.2014 10 65/2013 410/2013 ºÀ®¸ÀÆgÀÄ ¢£ÁAPÀ: 03.11.2013 11 62/2013 408/2013 ºÀ®¸ÀÆgÀÄ ¢£ÁAPÀ: 03.11.2013 12 - 121/2013 ªÀÄrªÁ¼À ¢£ÁAPÀ:13.11.2013 13 - 332/2012 C±ÉÆÃPÀ£ÀUÀgÀ ¢£ÁAPÀ:01.08.2012 14 - 333/2012 C±ÉÆÃPÀ£ÀUÀgÀ ¢£ÁAPÀ:01.08.2012 15 11/2024 656/2014 (¸Éʧgï PÉæöʪÀiï) ªÀÄrªÁ¼À ¢£ÁAPÀ:18.05.2014 7. In the aforesaid complaints petitioners have also filed applications seeking compensation as contemplated under the Act. The order sheets produced at Annexure-B at page Nos.66 - 8 - HC-KAR NC: 2026:KHC:5836 WP No. 48523 of 2017 to 86, indicate that the Sessions Court has passed the following: ORDER Case No.76/13 "Case is advanced. Application for compensation and administrative arrangement is filed. Send copy of this application and also the FIR and other papers to the District Social Welfare Officer, Bengaluru, and he is directed to take suitable steps in accordance with law in this regard and report the same to the Court". Case No.62/13 "Case called out. Complainant present and filed application for compensation. Send the copy of this application to the District Social Welfare Officer, Bengaluru for taking necessary action in accordance with law". Case No.56/13 "Case called out. Complainant present. The protest petition to `B' report filed. Complainant filed application to direct District Social Welfare Office, Bengaluru Urban to release compensation under Sec.15-A(11)(b) of SC/ST (PA) Act 1989 and Amendment 2016 r/w Rule 12(4) as per - 9 - HC-KAR NC: 2026:KHC:5836 WP No. 48523 of 2017 Schedule in Annexure-I of the SC/ST (PA) Rules 1995 and Amendment 2016 and memo. Perused this application. District Social Welfare Officer Bengaluru Urban is directed to pay compensation to the witness as per law. To hear." Case No.64/2013 Case called out. Complainant present and filed application for compensation. Send copy of this application to the District Social Welfare Officer to take action in accordance with law. Case No.66/13 Case is advanced. Perused application filed by the complainant. Send the copies of this application to the District Social Welfare Officer to consider the same in accordance with law. Case No.1216/2013 Case called out. Complainant present. The protest petition to `B' report filed. Complainant filed application to direct District Social Welfare Office, Bengaluru Urban to release compensation under Sec.15-A(11)(b) of SC/ST (PA) Act 1989 and Amendment 2016 r/w Rule 12(4) as per Schedule in Annexure-I of the SC/ST (PA) Rules 1995 and Amendment 2016. - 10 - HC-KAR NC: 2026:KHC:5836 WP No. 48523 of 2017 Issue notice to District Social Welfare Office, Bengaluru Urban, to take legal steps as to the payment of compensation to the victim in accordance with law. Case No.7/2014 Case is advanced. Application for compensation and administrative arrangements is filed. Send copy of this application and also the FIR and other papers to the District Social Welfare Officer, Bengaluru, and he is directed to take suitable steps in accordance with law in this regard and report the same to the Court. Case No.65/2013 Case called out. Complainant present and filed application for compensation. Send copy of this application to the District Social Welfare Officer to take action in accordance with law. Crime No.1213/2013 Case is advanced. Application for compensation and administrative arrangements is filed. Send copy of this application and also the FIR and other papers to the District Social Welfare Officer, Bengaluru, and he is directed to take suitable steps in accordance with law in this regard and report the same to the Court. Case No.63/2013 Case is advanced. - 11 - HC-KAR NC: 2026:KHC:5836 WP No. 48523 of 2017 Perused application filed by the complainant. Send the copies of this application to the District Social Welfare Officer to consider the same in accordance with law. Case No.11/2014 Case called out. Complainant present. The application is filed to direct District Social Welfare Officer, Bengaluru Urban to release compensation under Sec.15-A(11)(b) of SC/ST (PA) Act 1989 and Amendment 2016 r/w Rule 12(4) as per Schedule in Annexure-I of the SC/ST (PA) Rules 1995 and Amendment 2016. Perused this application. The District Social Welfare Officer, Bangalore Urban is directed to take steps as to release of compensation under relevant acts and rules if the compensation is not disbursed to this victim. 8. Though the II Additional City Civil and Sessions Judge and Special Judge, City Civil Court, Bengaluru, by the aforesaid orders had directed the Social Welfare Officer to consider the applications and take appropriate action, it is alleged by the petitioners that no action has been taken till date constraining the petitioners to approach this Court by present petition seeking the reliefs as noted above. - 12 - HC-KAR NC: 2026:KHC:5836 WP No. 48523 of 2017 9. In response, learned AGA submits that as per instructions, in furtherance to the applications filed by the petitioners and directions issued by the II Additional City Civil and Sessions Judge and Special Judge, City Civil Court, Bengaluru, necessary endorsements have already been issued holding the petitioner No.1 is not being entitled for compensation or for any administrative arrangement as sought for under the Provisions of the Act, 1989. She however submits that a necessary report in this regard would be furnished before the learned II Additional City Civil and Sessions Judge and Special Judge, City Civil Court, Bengaluru, who has issued these directions for further action in the matter. 10. Submission placed on record. In the view of the matter, writ petition is disposed of directing the respondent No.3- District Social Welfare Officer to furnish his report/endorsement/order as the case may be on the applications forwarded to him by the aforesaid orders of the learned II Additional City Civil and Sessions Judge and Special Judge, City Civil Court, Bengaluru, within a period of 30 days from the date of receipt of certified copy of this order. - 13 - HC-KAR NC: 2026:KHC:5836 WP No. 48523 of 2017 The learned II Additional City Civil and Sessions Judge and Special Judge, City Civil Court, Bengaluru, shall proceed further in the matter in accordance with law. Sd/- (M.G.S. KAMAL) JUDGE SBN List No.: 1 Sl No.: 3