- 1 - HC-KAR NC: 2025:KHC:24512 WP No. 19447 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 19447 OF 2025 (GM-POLICE) BETWEEN: 1. SRI. FAIROZ KHAN S/O SAMIULLA KHAN AGED 40 YEARS R/AT JANATHA COLONY, SULTHAN THIPPASANDRA, KOLAR-563 115 CURRENTLY SERVING SENTENCE IN CENTRAL PRISON, VIJAYAPURA 2. SRI ROSHAN @ MUKKATARA ROSHAN CARIYAPPA S/O LATE MANDANNA, R/AT DAVANI BEEDI, AGED 49 YEARS, HUNSUR, MYSORE DISTRICT-571 105 CURRENTLY LODGED IN CENTRAL PRISON, MYSORE (CTP NO. 16432) … PETITIONERS (BY SRI. PRATHAP S S., ADVOCATE) Digitally signed by PRAKASH N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:24512 WP No. 19447 of 2025 AND: 1. THE UNION OF INDIA, REP 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 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, VIJAYAPURA-586 101 5. THE CHIEF SUPERINTENDENT, CENTRAL PRISON, MYSORE-570 002 … RESPONDENTS (BY SRI. SHANTHI BHUSHAN, DSGI FOR R1; SRI RAHUL CARIAPPA, AGA FOR R2 TO R5) - 3 - HC-KAR NC: 2025:KHC:24512 WP No. 19447 of 2025 THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A. DIRECTION IN THE NATURE OF MANDAMUS TO THE RESPONDENT NO 1 TO TAKE A DECISION ON THE RECOMMENDATION MADE BY THE STATE GOVERNMENT DATED 01-04-2023 PRODUCED AS ANNEXURE-F AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV ORAL ORDER The petitioner has sought for issuance of writ in the nature of mandamus to respondent no.1 to take a decision on the recommendation made by the State Government dated 01.04.2023 as per Annexure-F. 2. In terms of Annexure-F, the State Government has forwarded to the Government of India, Ministry of Home Affairs, a proposal by communication requesting concurrence for release of certain prisoners in terms of the Guidelines. In such communication dated 01.04.2023, the petitioner no.2 is found at Sl.No.6 and petitioner no.1 is found at Sl.No.11. - 4 - HC-KAR NC: 2025:KHC:24512 WP No. 19447 of 2025 3. It is the case of the petitioners that the Central Government has not yet finalized regarding concurrence till date. 4. Reliance is placed on the order of the Apex Court in Special Leave to Appeal (Crl.) No.6166/2023 at Annexure-H wherein under broadly identical circumstances, Parole was granted by the Apex Court where no decision was taken by the Central Government within reasonable time. 5. It is further submitted that, in the list of prisoners found at Annexure-F, convict at Sl.No.1, 2 and 5 have been enlarged on Parole by virtue of the order passed in W.P.No.33939/2024 dated 16.12.2024. 6. Perused the order passed in W.P.No.33939/2024 dated 16.12.2024. The assertion of the petitioner on the basis of communication at Annexure-F requires to be accepted as also the ground of parity in remission of other convicts who are similarly placed which is the subject - 5 - HC-KAR NC: 2025:KHC:24512 WP No. 19447 of 2025 matter of Annexure-F by virtue of the order passed in W.P.No.33939/2024 requires acceptance. 7. Accordingly, petitioner nos.1 and 2 are to be enlarged on parole taking note of the recommendation of the Government of Karnataka at Annexure-F. Respondents are directed to release the petitioners forthwith. The Central Government to consider the case of the petitioners for premature release pursuant to the recommendation made at Annexure-F. 8. Needless to state, the prison authorities are free to impose necessary conditions to ensure adherence to parole conditions and necessary conditions would be imposed to return to the prison in the event of contingency of non-concurrence pursuant to Annexure-F. Registry to communicate the order to the concerned authorities by Electronic mode. Sri.Shanthi Bhushan, learned Deputy Solicitor General of India accepts notice for respondent no.1. - 6 - HC-KAR NC: 2025:KHC:24512 WP No. 19447 of 2025 Learned Additional Government Advocate accepts notice for respondent nos.2 to 5. Sd/- (S SUNIL DUTT YADAV) JUDGE NP