- 1 - NC: 2025:KHC:13781 WP No. 9189 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. 9189 OF 2025 (GM-POLICE) BETWEEN: SRI SAMPAGAPPA S/O MUNIVENKATAPPA, AGED 55 YEARS R/AT BEDASHETTAHALI VILLAGE, MALURU TALUK, KOLAR DISTRICT – 563 139 CURRENTLY LODGED IN CENTRAL PRISON, BENGALURU (CTP NO. 3926) …PETITIONER (BY SRI PRADEEP PATIL, ADVOCATE) AND: 1. THE UNION OF INDIA REPRESENTED BY THE UNDER SECRETARY (JUDICIAL WING) GOVERNMENT OF INDIA, MINISTRY OF HOME AFFAIRS, HALL NO 17, 2ND FLOOR, MAJOR DHYAN CHAND NATIONAL STADIUM, INDIA GATE, NEW DELHI – 110 002. 2. THE STATE OF KARNATAKA BY THE PRINCIPAL SECRETARY HOME DEPARTMENT Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:13781 WP No. 9189 of 2025 VIDHANA SOUDHA BENGALURU – 560 001. 3. THE DIRECTOR GENERAL OF POLICE PRISONS AND CORRECTIONAL SERVICES NO. 9 SHESHADRI ROAD, GANDHI NAGAR BENGALURU – 560 009. 4. THE CHIEF SUPERINTENDENT CENTRAL PRISON PARAPPANA AGRAHARA ELECTRONIC CITY POST BENGALURU – 560 100. …RESPONDENTS (BY SRI MALLANAGOUDA H., ADVOCATE FOR R-1; SRI RAHUL CARIAPPA K.S., AGA FOR R2 – R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO A. DIRECTION IN THE NATURE OF MANDAMUS TO THE RESPONDENTS TO BE PLEASED TO ACT IN STRICT COMPLIANCE OF THE NOTIFICATION DATED 21.04.2020 VIDE NO. HD 119 PRA 2018, PRODUCED AS ANNEXURE-A AND BE FURTHER PLEASED TO DIRECT RESPONDENTS TO CONSIDER THE CASE OF THE PETITIONER FOR PREMATURE RELEASE IN TERMS OF THE ANNEXURE-A; B. DIRECTION IN THE NATURE OF MANDAMUS TO THE RESPONDENT NO.4 TO RELEASE THE PETITIONER ON PAROLE TILL THE DECISION OF THE GOVERNMENT IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC:13781 WP No. 9189 of 2025 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 Respondents to consider the case of the petitioner for premature release in terms of the Annexure-A. b. Issue a Writ, Order or direction in the nature of mandamus to the Respondent No 4 to release the petitioner on parole till the decision of the Government in the interest of justice and equity. 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 Sri. Pradeep Patil, learned counsel for petitioner, Sri Mallanagouda, learned counsel for respondent No.1 and Sri Rahul Cariappa, learned Additional Government Advocate for respondent Nos.2 to 4. 3. The petitioner has preferred the subject petition seeking extension of general parole granted by a co-ordinate bench of this Court on 16.12.2024, in W.P.No.32068/2024, - 4 - NC: 2025:KHC:13781 WP No. 9189 of 2025 which ends on 06.04.2025, on the ground that the application of the convict seeking premature release is still pending consideration. 4. Therefore, in the light of the judgment rendered in the case of SRI OMKARMURTHY VS. STATE OF KARNATAKA, DISPOSED ON 02.03.2023 [(2023) 4 KANT LJ 181], and also the admitted fact that the petitioner’s name is recommended for premature release, I deem it appropriate to grant parole for a period of 60 days. 5. For the aforesaid reasons, the following: ORDER (i) The Writ Petition is allowed in part. (ii) Mandamus issues to respondent No.4 to release the petitioner (Convict – CTP No.3926) on general parole for a period of 60 days, in terms of the observation made in the course of the order, which commences from the forenoon of 07.04.2025 and ends in the evening of 05.06.2025. (iii) The convict (CTP No.3926) - shall mark his attendance in the jurisdictional police station, weekly once throughout the period of his parole - 5 - NC: 2025:KHC:13781 WP No. 9189 of 2025 and it would be the responsibility of the jurisdictional police to take him to gaol, in the event, the convict (CTP No.3926) would evade going back to the gaol, after the expiry of the period of general parole. (iv) Respondent No.4 shall stipulate strict conditions as are usually stipulated, to ensure return of the detenue to the gaol and that he shall not commit any other offence during the period of parole. (v) Registry is directed to communicate this order to respondent No.4, by way of electronic mail, forthwith. (vi) The Committee is thus directed to consider those cases which are pending before it for premature release without brooking any further delay, as it has generated huge number of litigations before this Court. SD/- (M.NAGAPRASANNA) JUDGE NVJ List No.: 1 Sl No.: 34