- 1 - NC: 2025:KHC:15048 WP No. 7368 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 7368 OF 2025 (GM-RES) BETWEEN: ARUN KUMAR ALVA S/O LATE SHANTHA ALVA AGED ABOUT 73 YEARS R/AT FF1, LOTUS KRESENT NO.165, II BLOCK, II STAGE HMT LAYOUT, VIDYARANYAPURA BENGALURU – 560 097 CURRENTLY SERVING SENTENCE IN CENTRAL PRISON BENGALURU, CTP NO. 13349 …PETITIONER (Y SRI V.LAKSHMINARAYANA, SR. COUNSEL FOR SRI SPARSHA SHETTY, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY DEPARTMENT OF HOME VIDHANA SOUDHA BENGALURU – 560 001. 2. THE ADDITIONAL GENERAL OF POLICE AND INSPECTOR GENERAL OF PRISON NO.4, SHESHADRI ROAD BENGALURU – 560 009. Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:15048 WP No. 7368 of 2025 3. CHIEF SUPERINTENDENT CENTRAL PRISON BENGALURU – 560 100. 4. SUPERINTENDENT OF PRISON CENTRAL PRISON BENGALURU – 560 100. …RESPONDENTS (BY SRI RAHUL CARIAPPA K. S., AGA FOR R1 TO R3) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO GRANT REMISSION/ PREMATURE RELEASE AND RELEASE THE PETITIONER BEARING CTP 13349 FORTHWITH IN ACCORDANCE WITH KARNATAKA PRISON RULES 1974. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, 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 of Mandamus directing the respondents to grant remission/ premature release and release the Petitioner bearing CTP 13349 forthwith in accordance with Karnataka Prison Rules, 1974. b) Alternatively, issue a writ or order or direction in the nature of Mandamus directing the respondent No.3 and 4 to consider the Petitioner's case at Annexure- E & E1 dated 26.02.2025 for remission on humanitarian grounds, with reference to Karnataka - 3 - NC: 2025:KHC:15048 WP No. 7368 of 2025 Prison Rules, 1974, in the interest of justice and equity. c) Grant such other order or directions for the benefits petitioner as this Hon'ble Court deems fit in the interest of justice and equity.” 2. Heard Sri V. Lakshminarayana, learned senior counsel for Sri Sparsha Shetty, learned counsel for petitioner and Sri Rahul Cariappa, learned Additional Government Advocate for the respondent Nos.1 to 3. 3. Learned senior counsel for the petitioner submits that if a direction is issued to consider the representation of the petitioner in accordance with Clauses 166 and 167 of the Karnataka Prisons and Correctional Services Manual, 2021. “166. Ordinary Remission; i. Eligibility of Ordinary remission. Ordinary remission may be granted at the scale shown below to convict prisoners who are eligible for earning remission other than those employed on conservancy work; a. Prisoners having substantive sentences of three months and more; b. Prisoners sentenced to simple imprisonment for three months or more who volunteer to work; c. Prisoners employed on prison maintenance services requiring them to work on Sundays and holidays, e.g. sweeping, cooking etc., irrespective of the length of their sentence; - 4 - NC: 2025:KHC:15048 WP No. 7368 of 2025 d. Prisoners admitted for less than one month in hospital for treatment or convalescence after an ailment or injury not caused willfully. (Those admitted for such purpose for more than one month should be entitle to remission for good conduct only); e. Three days per calendar month for good behavior, discipline and participation in institutional activities as per the prison regulations; f. Three days per calendar month for the performance of work allotted and prescribed standards; g. Seven days per calendar month for prisoners employed in prison maintenance services requiring them to work even on Sundays and holidays e.g. sweeping, cooking etc.; h. Eight days per calendar month for those working as night watchmen i. Thirty days remission shall be granted to all classes of convicts on the following scale for attending literacy courses including skill development training courses and completing the literacy course of award of certificates by the concerned authorities; j. The award of ordinary remission shall be made as nearly as possible on 1st January, 1st April and 1st July and 1st October and the amount of remission recorded in the History ticket; k. No Prisoners shall be granted ordinary remission for the month in which he is released. ii. Authority to grant ordinary remission; The Chief Superintendent / Superintendent of Prison is authorised to grant ordinary remission; iii. Non Eligibility for ordinary remission; The following types of convict prisoners should not be eligible ordinary remission.- a. Prisoners having substantive sentence of less than three months; - 5 - NC: 2025:KHC:15048 WP No. 7368 of 2025 b. Prisoners sentenced in default of payment of fine only; c. Prisoners whose sentence is reduced to less than three months (in such cases remission already earned, if any, should stand forfeited by concerned Chief Superintendent or Superintendent of Prison); d. In the case of prisoners transferred from one prison to another disciplinary grounds, during the period of their stay in the latter prison; e. Prisoners debarred from remission as punishment; f. Prisoners specifically debarred from remission under any law or rule; and g. Prisoners out on special leave for the duration of such leave; iv. In respect of any sentence of simple imprisonment three month and upwards except for continuous period not less than one month during which the prisoner labors voluntarily. V. Re-admission of excluded prisoner; a. The Chief Superintendent or Superintendent of Prison may with the previous sanction of Director General of Prisons and Correctional Services re- admit any prisoner who has been removed from remission system and such prisoners shall earn ordinary remission under following such re- admission; b. Ordinary remission can be earned throughout a period of imprisonment in lieu of fine which immediately follows and is continued to a substantive sentence of not less than three month.” (Emphasis supplied) - 6 - NC: 2025:KHC:15048 WP No. 7368 of 2025 It is his submission that the learned senior counsel for the petitioner that, the petitioner is entitled for grant of premature release on grant of remission, as he is left with 2 months of sentence. 4. In the light of the aforesaid circumstance, I deem it appropriate to direct the respondents - State to consider the representation of the petitioner in consonance with the aforesaid clause and pass necessary orders in accordance with law, within two weeks from the date of receipt of the order. 5. With the aforesaid observations, the petition stands disposed. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE NVJ List No.: 1 Sl No.: 105 CT:SS