- 1 - NC: 2025:KHC:13840 WP No. 7271 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 7271 OF 2025 (GM-POLICE) BETWEEN: SRI ANAND KUMAR S/O VEERATTEGOWDA AGED 38 YEARS, R/AT HURULUGERE VILLAGE, KASABA HOBLI, MALUR TALUK, KOLAR - 563130 CURRENTLY SERVING LIFE IMPRISONMENT IN CENTRAL PRISON, BENGALURU IN CTP NO.1489 …PETITIONER (BY SRI. PRADEEP PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY THE PRINCIPAL SECRETARY HOME DEPARTMENT VIDHANA SOUDHA BENGALURU - 560001. 2. THE LIFE CONVICTS PERMATURE RELEASE COMMITTEE HOME DEPARTMENT VIDHANA SOUDHA BENGALURU - 560001 REPRESENTED BY ITS CHAIRMAN 3. THE DIRECTOR GENERAL OF POLICE PRISONS AND CORRECTIONAL SERVICES NO.9, SHESHADRI ROAD, GANDHI NAGAR, BENGALURU - 560009. Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:13840 WP No. 7271 of 2025 4. THE CHIEF SUPERINTENDENT CENTRAL PRISON BENGALURU RURAL - 560100 …RESPONDENTS (BY SRI. RAHUL CARIAPPA K.S., AGA) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTION IN THE NATURE OF MANDAMUS TO THE RESPONDENTS TO BE PLEASED TO ACT IN STRICT COMPLIANCE OF THE NOTIFICATION BEARING NO. HD 119 PRA 2018 BENGALURU DTD. 21.04.2020 PRODUCED AS ANNX-A AND BE FURTHER PLEASED TO DIRECT THE PREMATURE RELEASE OF THE PETITIONER IN TERMS OF THE ANNX-A. THIS PETITION, COMING ON FOR PRELIMINARY HEARING - 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court seeking the following prayer: "a. Issue a Writ, Order or direction in the nature of mandamus to the Respondents to be pleased to act in strict compliance of the Notification bearing No. HD 119 PRA 2018, Bengaluru, dated 21.04.2020 produced as Annexure-A and be further pleased to direct the premature release of the Petitioner in terms of the Annexure-A. b. Issue a Writ, Order or direction in the nature of mandamus to the Respondents to release the petitioner on parole till the decision of the Government as per the dicta of the Hon'ble Apex Court rendered in Rashidul Jafar Vs State of Uttar Pradesh dated 06-09-2022 produced as Annexure C and also the order passed by this Hon'ble Court in WP No. 1300/2023 dated 02-03-2023 produced as ANNEXURE-D in the interest of justice and equity. - 3 - NC: 2025:KHC:13840 WP No. 7271 of 2025 c. Pass such other orders/ directions considering the facts and circumstances of the case together as to costs in the interest of justice." 2. Heard the learned counsel Sri.Pradeep Patil, appearing for the petitioner and the learned Additional Government Advocate Sri.Rahul Cariappa, appearing for the respondents. 3. The petitioner gets embroiled in a crime and is tried for offence punishable under Section 302 of the IPC. He is taken into custody on 15.07.2007 and on his conviction, remains in custody. As on 01.08.2024, the petitioner had completed 19 years and 7 months and present today more than 20 years. 4. The learned counsel for the petitioner submits the case of the petitioner was taken up by the Advisory Board for recommendation of premature release but was not considered on the score that he had assaulted a doctor inside the jail and the learned counsel would submit that it was due to frustration - 4 - NC: 2025:KHC:13840 WP No. 7271 of 2025 of every other convict being released and not him. Be that as it may. 5. As observed hereinabove, the petitioner is before this Court seeking premature release, which cannot be considered at this juncture unless the Advisory Board would recommend his name for premature release, which has not yet happened in the case at hand. 6. In that light, I deem it appropriate to grant the petitioner general parole for a period of 60 days to become operational from 04.04.2025 with liberty to the petitioner to seek its extension on his conduct while he is outside on general parole on certain conditions. 7. For the aforesaid reasons, the following: ORDER (i) The Writ Petition is allowed in part. (ii) Mandamus issues respondent No.4 to consider the representation of the petitioner and release the petitioner on general parole for 60 days, from the - 5 - NC: 2025:KHC:13840 WP No. 7271 of 2025 forenoon of 04.04.2025 till the evening of 02.06.2025. (iii) Respondent No.4 shall stipulate strict conditions as are usually stipulated, to ensure the return of the detenue (CTP No.1489) to the gaol and that he shall not commit any other offence during the period of general parole. (iv) The petitioner (CTP No.1489) shall mark his attendance in the jurisdictional police station, weekly once throughout the period of his general parole and it would be the responsibility of the jurisdictional police to take him to gaol, in the event, the petitioner would evade going back to the gaol, after the expiry of the period of general parole. (v) Registry is directed to communicate this order to respondent No.4, by way of electronic mail, forthwith. (vi) The petitioner is at liberty to seek extension of parole, which shall be considered looking at the conduct of the petitioner. Sd/- (M.NAGAPRASANNA) JUDGE KG/List No.: 1 Sl No.: 19