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2025 DAILYLAW 40377 (KAR)

SMT.GURUSIDDMMA v. THE STATE OF KARNATAKA

WP/33794/2025 · 2025-12-01

Suraj Govindaraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:50001 WP No. 33794 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 33794 OF 2025 (GM-POLICE) BETWEEN: SMT.GURUSIDDMMA W/O MAHDEVACHARI, AGED 79 YEARS R/AT THUMBAKERE VILLAGE, KASABA HOBLI, MANDYA-571404, (SENIOR CITIZEN BENEFIT NOT CLAIMED) THE PETITIONER IS THE MOTHER OF THE CONVICT PRISONER NO 11250 RAJACHARI WHO IS SERVING LIFE SENTENCE IN BENGALURU CENTRAL PRISON. …PETITIONER (BY SRI. PRADEEP PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY THE PRINCIPAL SECRETARY, HOME DEPARTMENT, VIDHANA SOUDHA, BENGALURU-560001 2. THE LIFE CONVICTS PREMATURE RELEASE COMMITTEE, HOME DEPARTMENT, VIDHANA SOUDHA, BENGALURU-560001, REPRESENTED BY ITS CHAIRMAN 3. THE DIRECTOR GENERAL OF POLICE PRISONS AND CORRECTIONAL SERVICES NO. 9, SHESHADRI ROAD, GANDHI NAGAR, BENGALURU-560009 4. THE CHIEF SUPERINTENDENT, CENTRAL PRISON, BENGALURU-560100 …RESPONDENTS (BY SMT.K.P.YASHODHA, AGA) Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:50001 WP No. 33794 of 2025 THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO 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-B AND BE FURTHER PLEASED TO DIRECT THE RESPONDENTS TO CONSIDER THE CASE OF THE PRISONER NO 11250 RAJACHARI S/O LATE MAHADEVACHARI FOR PREMATURE RELEASE IN TERMS OF THE ANNEXURE-B AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioner is before this Court seeking for the following reliefs; 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-B and be further pleased to direct the respondents to consider the case of the prisoner no 11250 Rajachari s/o late Mahadevachari for premature release in terms of the Annexure-B. b. Issue a writ, order or direction in the nature of mandamus to the respondents to release the prisoner no 11250 Rajachari s/o late Mahadevachari 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. Learned AGA, on verification, submits that the Advisory Board has recommended the release of the - 3 - HC-KAR NC: 2025:KHC:50001 WP No. 33794 of 2025 detenu-Rajachari [CTP No.11250] prematurely and the matter is now pending before the LCRC. 3. In that view of the matter, I am of the considered opinion that the detenu can be released on parole for a limited period pending orders to be passed by the LCRC. As such, I pass the following: ORDER i) The Writ Petition is allowed. ii) Respondent–Chief Superintendent, Central Prison, Bangalore, is directed to release the detenu- Rajachari [CTP No.11250] on parole for a period of 90 days commencing from 10.12.2025 or from the date of release, whichever is earlier, subject to the following conditions: a) The prisoner- Rajachari [CTP No.11250] shall mark his attendance in the jurisdictional Police Station, weekly once throughout the period of his parole and it - 4 - HC-KAR NC: 2025:KHC:50001 WP No. 33794 of 2025 would be the responsibility of the jurisdictional Police to take them to gaol, in the event, the convict would evade going back to the gaol, after the expiry of the period of parole. b) Respondent No.1- State of Karnataka shall stipulate strict conditions as are usually stipulated to ensure return of the detenu to the gaol and that he shall not commit any other offence during the period of parole. iii) The Registry is directed to communicate the order to the prison authority for its immediate execution. SD/- (SURAJ GOVINDARAJ) JUDGE LN List No.: 2 Sl No.: 55