ORDER

This petition is directed against the impugned communication / letter dated 12.08.2015 issued by respondent No.2 – Karnataka State Legal Services Authority and for a consequential direction to the respondent No.2 to pay compensation as directed by the Victim Compensation Committee, Raichur, in VCP No.12/2005 arising out of SC No.145/2010 on the file of the Fast Track Court-I, Raichur.

2. The brief facts giving rise to the present petition are as follows:-

(i) Petitioner is the father of one late Narasimhulu, who expired on 08.10.2009, pursuant to which, criminal proceedings in S.C.No.145/2010 were initiated against one Vishwanath Reddy for the alleged offence under Section 302 of IPC. By Judgment and order dated 10.11.2011, the Sessions court acquitted the aforesaid accused for the aforesaid offence. In addition thereto, the Sessions court directed submission of a copy of the judgment to the District Legal Services Authority, Raichur, as stated in the evidence of PW-11 (Venkanna) for awarding victim compensation as provided under Section 357-A (3) of Cr.P.C. to the dependents of the victim i.e., deceased Narasimhalu.

(ii) Subsequent to the aforesaid decision of the sessions court, the petitioner – claimant moved an application before the Victim Compensation Committee, Raichur (for short ‘the VCC’) for compensation. In addition thereto, pursuant to the directions issued in the aforesaid order of the sessions court, a case in VCP No.12/2015 was registered before the VCC, Raichur. After hearing the petitioner – claimant and on perusal of the material on record, the VCC, Raichur, allowed the application filed by the petitioner, thereby awarding compensation in a sum of Rs.2 lakhs in favour of the petitioner and his family members together with issuing directions regarding apportionment of compensation. In the said order passed by the VCC, Raichur on 22.07.2015, the VCC directed copy of the order to be sent / forwarded to the respondent No.2 – Karnataka State Legal Services Authority, Bengaluru, to make payment / arrange to make payment in favour of the petitioner and his family members.

3. It is the grievance of the petitioner that despite the aforesaid facts and circumstances and the specific directions issued not only by the sessions court but also by the VCC, Raichur, both of which, had attained finality and become conclusive and binding upon the respondent No.2, the respondent No.2 has proceeded to issue the impugned letter / communication dated 12.08.2015 refusing to pay compensation to the petitioner on the erroneous premise / ground that the incident, in which the deceased Narasimhulu expired / occurred on 08.10.2009, prior to the amendment to Section 357-A Cr.P.C. as well as the Karnataka Victim Compensation Scheme, 2011 and that consequently, the petitioner and his family members were not entitled to any compensation. Aggrieved by the impugned Endorsement dated 12.08.2015, the petitioner is before this Court by way of the present petition.

4. Heard learned counsel for the petitioner and learned counsel for respondent No.2 as well as the learned HCGP for respondent No.1 - State and perused the material on record.

5. A perusal of the material on record will indicate that it is an undisputed fact that though the incident in which, late Narasimhulu, the son of the petitioner expired / occurred on 08.10.2009, the aforesaid judgment in S.C.No.145/2010 was passed on 10.11.2011, by which time, Section 357-A Cr.P.C. was inserted by way of amendment by incorporating the Victim Compensation Scheme. So also, by exercising powers under Section 357-A Cr.P.C., the State Government framed “The Karnataka Victim Compensation Scheme, 2011” (for short ‘the Scheme’), which came into force on 19.04.2012. It is also not in dispute that having regard to Section 357-A Cr.P.C., and the aforesaid scheme which were applicable to the petitioner in relation to the demise of Sri.Narasimhulu, the VCC, Raichur, passed an order dated 22.07.2015 awarding co