- 1 - HC-KAR NC: 2025:KHC-D:14040 WP No. 106064 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 16TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 106064 OF 2025 (GM-POLICE) BETWEEN: SRI. SOMAPPA S/O. BHIMAPPA TALAVAR, AGED 51 YEARS, R/AT MASTI VILLAGE, BASAVANA BAGEWADI, TALUK: VIJAYAPUR – 586 101, PRESENTLY SERVING SENTENCE IN VIJAYAPURA CENTRAL PRISON (CTP NO. 4485) …PETITIONER (BY SRI. PRATHAP S. S., ADVOCATE) 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 STDIUM, INDIA GATE, NEW DELHI – 110 002. 2. THE STATE OF KARNATAKA, BY THE PRINCIPAL SECRETARY HOME DEPARTMENT, VIDHAN 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 SUPERINTENDENT CENTRAL PRISON, VIJAYAPURA 586 103. …RESPONDENTS (BY SRI. M.B.KANAVI, CGSC FOR R1; SRI. V.S.KALASURMATH, AGA FOR R2 TO R4) Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:14040 WP No. 106064 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO 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 RELEASE THE PETITIONER ON PREMATURE RELEASE IN TERMS OF THE ANNEXURE-A. ISSUE A WRIT, ORDER OR DIRECTION IN THE NATURE OF MANDAMUS TO THE RESPONDENT NO.4 TO RELEASE THE PETITIONER ON PAROLE TILL THE DECISION OF THE GOVERNMENT ON THE PREMATURE RELEASE OF THE LIFE CONVICT 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 M.NAGAPRASANNA) 1. The petitioner is before this Court seeking the following prayer: 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 release the petitioner on premature release in terms of the Annexure-A. B. Issue a Writ, Order or direction in the nature of mandamus to the Respondent No.4 to release the petitioner on parole till the decision of the Government on the premature release of the life convict 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. - 3 - HC-KAR NC: 2025:KHC-D:14040 WP No. 106064 of 2025 2. Heard Sri.Prathap S.S, learned counsel for the petitioner and Sri.M.B.Kanavi, Central Government Standing Counsel for respondent No.1 and Sri. V.S.Kalasurmath, learned AGA for respondent Nos.2 to 4. 3. Facts in brief germane as fallows: The petitioner was convicted for offences punishable under Sections 498A, 304B, and 302 of the Indian Penal Code. As of today, the petitioner has undergone 19 years and 9 months of imprisonment, including the period of remission. His case has been recommended for premature release by the committee constituted for such purposes, and the said recommendation is presently pending consideration before the Union of India, which is required to pass necessary orders on the same. The petitioner has therefore approached this Court seeking a writ of mandamus directing the Union of India to consider his case for premature release, particularly as the recommendation has been pending for over 18 months. - 4 - HC-KAR NC: 2025:KHC-D:14040 WP No. 106064 of 2025 4. In similar circumstances, the Hon’ble Apex Court has directed that convicts be released on grant of parole following the said judgment of the Apex Court, this Court, in W.P. No.1300 of 2023, disposed of on 02.03.2023, has held as follows: 10. On a coalesce of what the Apex Court has considered in all the afore-quoted judgments, what would unmistakably emerge is that cases of life convicts who are entitled for consideration of their premature release, should be considered without any loss of time. In the case at hand, the Committee has not met for the last 8 months which has resulted in plethora of cases being filed before this Court seeking a mandamus only to place those applications before the committee in the ensuing meeting. When the meeting would ensue the State itself is not aware, as no concrete date is being divulged for the committee to meet. In the afore-said circumstances, I deem it appropriate to direct the State Government to henceforth direct the 2nd respondent/Committee to meet at least 6 times a year – once in two months, so that those application/s are considered at the right time on their individual merit and cases being filed only to place the application/s before the committee would be obviated. Till such time that the application of the petitioner would merit consideration before the committee, he would be entitled to be released on parole, in accordance with law, for a period that the Authorities of the jail would prescribe or till such time, the committee would meet and consider the case of the petitioner. 11. In view of the aforesaid reasons, the following: ORDER (i) Writ Petition is disposed. (ii) A mandamus issues to the 1st respondent- State to direct the Committee to meet on or before 10th April, 2023 and consider the case - 5 - HC-KAR NC: 2025:KHC-D:14040 WP No. 106064 of 2025 of the petitioner and the like, whose cases are placed before it, for consideration of their cases for remission/premature release. (iii) It is made clear that the State Government shall henceforth, direct the 2nd respondent/Committee to meet once in two months, in the light of the directions issued by the Apex Court in the cases referred to in the course of the order. (iv) The directions shall be adhered to from the 1 st of April, 2023. (v) The petitioner shall be considered for his release on general parole, in accordance with law, till the committee meets and considers his application for his premature release. (vi) The Registry is directed to communicate the order to the Additional Chief Secretary, Department of Home Affairs, Government of Karnataka, Bengaluru for its compliance. 5. In light of the fact that the petitioner’s case has been recommended for premature release, and considering that he has already undergone 19 years and 9 months of imprisonment, this Court is constrained to direct the release of the petitioner on parole. This is particularly in view of the fact that the recommendation for premature release has been pending consideration before the Union of India for the last 18 months. - 6 - HC-KAR NC: 2025:KHC-D:14040 WP No. 106064 of 2025 6. Accordingly, the petitioner shall be released on parole, subject to the following conditions: ORDER (1) The Writ Petition is allowed. (2) Mandamus issues to respondent No.2 to consider the representation of the petitioner and release the convict (CTP No.4485) – Somappa S/o Bhimappa Talawar., on general parole for a period of sixty days, which would become operational from the date of release of the convict from the jail, subject to the following conditions: (i) The convict (CTP No.4485) shall mark his attendance in the jurisdictional police station, weekly once throughout the period of his parole and it would be the responsibility of the jurisdictional Police to take him to gaol, in the event, the convict (CTP No.4485) would evade going back to the gaol, after the expiry of the period of general parole. (ii) Respondent No.1 shall stipulate strict conditions as are usually stipulated, to - 7 - HC-KAR NC: 2025:KHC-D:14040 WP No. 106064 of 2025 ensure return of the convict to the gaol and that he shall not commit any other offence during the period of parole. (3) The petitioner is at liberty to seek extension of parole, which shall be considered looking at the conduct of the convict while he is out on parole. (4) The registry is directed to communicate the order to the prison authority for its execution. Sd/- (M.NAGAPRASANNA) JUDGE AC/CT-ASC List No.: 1 Sl No.: 71