- 1 - NC: 2025:KHC:15132 WP No. 8520 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 8520 OF 2025 (GM-POLICE) BETWEEN: SRI. VENKATESH S/O LATE NARAYANAPPA, AGED 35 YEARS, R/AT RAMOJIPALI VILLAGE, BAGEPALLI TALUK, CHIKKABALLAPURA - 561 207. …PETITIONER (BY SRI. PRADEEP PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY THE PRINCIPAL SECRETARY, HOME DEPARTMENT, VIDHANA SOUDHA, BENGALURU - 560 001. 2. THE LIFE CONVICTS PREMATURE RELEASE COMMITTEE, HOME DEPARTMENT VIDHANA SOUDHA, BENGALURU - 560 001, REPRESENTED BY ITS CHAIRMAN. 3. THE DIRECTOR GENERAL OF POLICE, PRISONS AND CORRECTIONAL SERVICES, NO.9, SHESHADRI ROAD, GANDHI NAGAR, BENGALURU - 560 009. Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:15132 WP No. 8520 of 2025 4. THE CHIEF SUPERINTENDENT, CENTRAL PRISON, BENGALURU - 560 100. …RESPONDENTS (BY SRI. RAHUL CARIAPPA, 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, 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 AND ETC., 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 prayers: "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. - 3 - NC: 2025:KHC:15132 WP No. 8520 of 2025 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. 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 Shri Pradeep Patil, learned counsel appearing for the petitioner and Shri Rahul Cariappa, learned Additional Government Advocate appearing for the respondents. 3. The petitioner gets embroiled in a crime for offences punishable under Section 498A and 302 of the Indian Penal Code, 1860 and is in prison since 27.02.2013. 4. The learned counsel appearing for the petitioner submits that including remission, as on today, the petitioner has completed 14years and 8months of imprisonment and is therefore, entitled for premature release. Advisory board has also already recommended his name for premature release and the matter is pending before the Committee of the State Government to consider the recommendation of the Advisory Board. - 4 - NC: 2025:KHC:15132 WP No. 8520 of 2025 5. In that light, the petitioner is now seeking release on general parole. In the light of the petitioner's name being recommended by the Advisory Board for premature release, I deem it appropriate to grant the petitioner general parole for a period of 90days to begin from 12.04.2025 to 10.07.2025. 6. For the aforesaid reasons, the following: ORDER (i) The Writ Petition is allowed in part. (ii) The impugned endorsement bearing No.HD/119/PRA/2018 - Bengaluru dated 21.04.2020 issued by respondent No.2 stands quashed. (iii) Mandamus issues respondents No.3 and 4 to consider the representation of the petitioner and release the petitioner on general parole for 90days, from the forenoon of 12.04.2025, till the evening of 10.07.2025. (iv) The respondents No.3 and 4 shall stipulate strict conditions as are usually stipulated, to ensure the return of the detenue (CTP No.14824) to the gaol and that he shall not commit any other offence during the period of general parole. - 5 - NC: 2025:KHC:15132 WP No. 8520 of 2025 (v) The petitioner (CTP No.14824) 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. (vi) Registry is directed to communicate this order to the respondents, by way of electronic mail, forthwith. (vii) The petitioner is at liberty to seek extension of parole, which shall be considered looking at the conduct of the petitioner – convict while he is out on general parole. Sd/- (M.NAGAPRASANNA) JUDGE JY List No.: 1 Sl No.: 22 CT: BHK