- 1 - HC-KAR NC: 2025:KHC:42065 WP No. 7882 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ WRIT PETITION NO. 7882 OF 2025 (GM-RES) BETWEEN: MANJEGOWDA S/O BOMMEGOWDA, AGED ABOUT 25 YEARS, R/AT: MADAPURA VILLAGE, KIKKERI HOBLI, K.R. PETE TALUK, MANDYA-571 423. …PETITIONER (BY SRI. SIRAJUDDIN AHMED, ADVOCATE) AND: 1. STATE OF KARNATAKA BY KIKKERI POLICE STATION, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BENGALURU-560 001. 2. THE CHIEF SUPERINTENDENT CENTRAL PRISON, MYSORE-570 007. …RESPONDENTS (BY SRI. ANOOP KUMAR M.V., HCGP FOR R1 & R2) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:42065 WP No. 7882 of 2025 THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE PRAYING TO DIRECT THE RESPONDENT NO.2 TO CALCULATE THE UNDER TRAIL AND CONVICTION PERIOD OF THE PETITIONER AS PER THE TRAIL COURT AND THIS COURT VIDE ANNEXURE-A DATED 28.12.2022 AND ANNEXURE-B DATED 17.4.2023 WHICH HAS GIVEN BENEFIT OF SET OFF UNDER SECTION 428 OF CR.P.C. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Office has raised an objection regarding maintainability of the petition. 2. Prayer in this petition is to direct respondent No.2 – Chief Superintendent, Central Prison, Mysuru, to calculate the under trial and conviction period of the petitioner as per the order passed by the trial Court and this Court, vide Annexure-A and B. - 3 - HC-KAR NC: 2025:KHC:42065 WP No. 7882 of 2025 3. The grievance of the petitioner is that he has already undergone the conviction period but the prison Authority has not released him and they have denied to calculate the period of imprisonment undergone during trial. 4. The learned High Court Government Pleader has contended that the petitioner has not undergone the period of imprisonment imposed against him. 5. The Division Bench of this Court while allowing in part, Crl.A No.515/2023 vide judgment dated 17.04.2023 has modified the sentence imposed against the petitioner passed by the trial Court. He has been given the benefit of set off as contemplated under the provision of Section 428 of Cr.P.C. It is submitted by the learned counsel that the said judgment does not indicate that the sentence of imprisonment imposed against the accused for the offence punishable under Section 304 Part-I, Section 341 and Section 504 of IPC to run concurrently, as it was ordered by the trial Court. - 4 - HC-KAR NC: 2025:KHC:42065 WP No. 7882 of 2025 6. Petitioner can file an appropriate application in Crl.A No.515/2023, to address his grievance. With the above observation, petition is disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE HB/- List No.: 1 Sl No.: 4