- 1 - HC-KAR NC: 2025:KHC-D:10770 WP No. 105524 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 23RD DAY OF AUGUST 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.105524 OF 2025 (GM-POLICE) BETWEEN: 1. GANGAVVA W/O. LAKSHMAN SUNKAD, AGE: 37 YEARS, OCC: HOUSEWIFE, R/O: KONNUR, NEAR PETROL BUNK, TQ: NARAGUND, DIST: GADAG – 582 206. 2. AKKAMAHADEVI W/O. ISHWAR SUNKAD, AGE: 38 YEARS, OCC: HOUSEWIFE, R/O: NEAR APMC, KONNUR, NEAR PETROL BUNK, TQ: NARAGUND, DIST: GADAG – 582 206. …PETITIONERS (BY SRI. H. N. GULARADDI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARIAT, DEPARTMENT OF HOME, VIDHANA SOUDHA, BANGALORE – 560 001. 2. THE LIFE CONVICTS PREMATURE RELEASE COMMITTEE, HOME DEPARTMENT, VIDHAN SOUDHA, BENGALURU – 560 001, REPRESENTED BY ITS CHAIRMAN. 3. THE DIRECTOR GENERAL OF POLICE PRISONS AND CORRECTIONAL SERVICE, NO.9, SHESHADRI ROAD, GANDHI NAGAR, BANGALORE – 560 009. Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:10770 WP No. 105524 of 2025 4. THE CHIEF SUPERINTENDENT, CENTRAL PRISON, P.B.ROAD, DHARWAD – 580 008. …RESPONDENTS (BY SRI. SHARAD V. MAGADUM, AGA FOR R1 TO R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT AND QUASH THE ORDER PASSED BY THE RESPONDENT NO.02 DATED 18/09/2014 VIDE ANNEXURE-C CONSEQUENTLY DIRECT THE RESPONDENTS TO RELEASE THE CONVICTS CTP NO.3242 NAMELY LAKSHMAN S/O. YALLAPPA SUNKAD AND CTP NO.3243 NAMELY ISHWAR S/O. YALLAPPA SUNKAD ON THE SCHEME OF PREMATURE RELEASE IN THE INTEREST OF JUSTICE AND EQUITY AND ETC., THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioners are before this Court seeking for the following reliefs: a. Issue a writ in nature of certiorari or any other appropriate writ and quash the order passed by the respondent No.02 dated 18/09/2014 vide Annexure-C consequently direct the respondents to release the convicts CTP No.3242 Namely Lakshman S/o. Yallappa Sunkad and CTP No.3243 namely Ishwar S/o. Yallappa Sunkad on the scheme of premature release in the interest of justice and equity. b. Pass such other order or orders as this Hon’ble Court may deem fit in the circumstances of the case. - 3 - HC-KAR NC: 2025:KHC-D:10770 WP No. 105524 of 2025 2. The husband of petitioner No.1 and husband of petitioner No.2 were convicted for life imprisonment for offences punishable under Sections 302, 452 read with Section 34 of the IPC in SC No.05/2011, by the Principal District and Sessions Judge, Gadag, on 12.11.2014. Thereafter, they have undergone 14 years, 6 months, and 27 days of incarceration, with which remission comes to 16 years 06 months 14 days on 12.06.2025. Considering that the convicts were eligible for premature release, an application to that effect had been filed, which came to be rejected by respondent No.2 on 18.09.2014 on the ground that there is one other case which is pending against the convicts in S.C.No.36/2011 for the offences under Section 307 of the IPC. It is challenging the same that the petitioners are before this Court. 3. The petitioners are the wives in CTP No.3242 and CTP No.3243 respectively. On enquiry, learned AGA submits that the proceedings in SC No.36/2011 are now posted - 4 - HC-KAR NC: 2025:KHC-D:10770 WP No. 105524 of 2025 on 28.08.2025 for final arguments. If that be so, reserving liberty to the petitioners to approach respondent No.2 after the judgment is delivered in SC No.36/2011, the petition stands disposed of. Sd/- (SURAJ GOVINDARAJ) JUDGE gab CT-ASC List No.: 1 Sl No.: 53