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2025 DAILYLAW 42272 (KAR)

SRI. SHRINIVASMURTHY v. THE STATE OF KARNATAKA

WP/24313/2025 · 2025-12-01

Suraj Govindaraj

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:50006 WP No. 24313 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. 24313 OF 2025 (GM-POLICE) BETWEEN: SRI. SHRINIVASMURTHY S/O MUDDARANGAIAH, AGED 50 YEARS, R/AT DOGGANAHALLI, CN DURGA HOBLI, KORATAGERE TALUK, TUMAKURU 572 129 (CURRENTLY SERVING LIFE IMPRISONMENT IN CENTRAL PRISON, BENGALURU. (CONVICT PRISONER NO. 7771) …PETITIONER (BY SRI. VIJAYA PRASSAD, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP 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 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 SMT.K.P.YASHODHA, AGA FOR R1 TO R4) Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:50006 WP No. 24313 of 2025 THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT ORDER OF DIRECTION IN THE NATURE OF MANDAMUS TO THE RESPONDENT TO ACT IN STRICT COMPLIANCE WITH THE NOTIFICATION BEARING NO. HD 119 PRA 2018, BENGALURU, DATED 21/APR/2020, PRODUCED AS ANNEXURE-A AND BE FURTHER PLEASED TO DIRECT THE RESPONDENTS TO CONSIDER THE CASE OF SHRINIVASMURTHY S/O MUDDARANGAIAH (CTP NO. 7771) FOR PREMATURE RELEASE IN TERMS OF THE ANNEXURE-A. 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 mother of the detenu – Shrinivasmurthy - CTP 7771 is before this Court seeking for the following reliefs: A. Issue a writ order of direction in the nature of mandamus to the respondent to act in strict compliance with the notification bearing No. HD 119 PRA 2018, Bengaluru, dated 21/apr/2020, produced as annexure-a and be further pleased to direct the respondents to consider the case of Shrinivasmurthy S/o Muddarangaiah (CTP No. 7771) for premature release in terms of the Annexure-A. b. Pass such other orders/directions considering the facts and circumstances of the case, together with costs in the interest of justice. 2. The above petition having been filed, for consideration of the application of the detenu for premature release, learned AGA submits that the - 3 - HC-KAR NC: 2025:KHC:50006 WP No. 24313 of 2025 same has been considered by the advisory board and recommendation has been made for premature release, which is now required to be considered by the LCRC. 3. In that view of the matter, I am of the considered opinion that when the advisory board has recommended for premature release, parole could be granted to the detenu for a limited period of time, pending consideration of the LCRC. Needless to say if the LCRC were to deny the premature release, the detenu would have to surrender himself before the jail authorities. In that background, I pass the following: ORDER i) The Writ Petition is partly allowed. ii) Respondent No.4 is directed to release the detenu – Shrinivasmurthy - CTP 7771 on parole for a period of 90 days commencing from - 4 - HC-KAR NC: 2025:KHC:50006 WP No. 24313 of 2025 08.12.2025 with usual conditions and or the decision of the LCRC whichever is earlier. In the event of the LCRC approving the premature release, then the parole shall continue until approval by the appropriate authorities. In the event of the LCRC rejecting the recommendation of the Advisory Board, the detenu would have to surrender to the jail authorities within 15 days of such rejection. SD/- (SURAJ GOVINDARAJ) JUDGE PRS List No.: 2 Sl No.: 32