- 1 - HC-KAR NC: 2025:KHC:49895 WP No. 19387 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. 19387 OF 2025 (GM-POLICE) BETWEEN: SRI FRANK ANTHONY @ FRANK S/O RAYAPPA AGED ABOUT 44 YEARS, NOW IN CENTRAL PRISON, CTP NO 12298 PARAPPANA AGARAHARA BENGALURU – 560 100. …PETITIONER (BY SRI TIGADI VEERANNA GADIGEPPA, ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HOME, VIDHANA SOUDHA, BENGALURU – 560 001. 2. THE CHIEF SUPERINTENDENT CENTRAL PRISON, PARAPPANA AGRAHARA, BENGALURU – 560 100. 3. THE DIRECTOR GENERAL OF POLICE, AND INSPECTOR GENERAL OF POLICE, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:49895 WP No. 19387 of 2025 KARNATAKA PRISON AND CORRECTIONAL SERVICES, BENGALURU – 560 100. 4. THE ADVISORY BOARD, REPRESENTED BY ITS CHAIRMAN, KARNATAKA PRISON AND CORRECTIONAL SERVICES, BENGALURU – 560 100. 5. THE LIFE CONVICTS RELEASE COMMITTEE, REPRESENTED BY ITS CHAIRMAN, PRINCIPAL SECRETARY, DEPARTMENT OF HOME, BENGALURU – 560 001. …RESPONDENTS (BY SMT.K.P.YASHODHA, AGA) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO 1) ISSUE A WRIT OF CERTIORARI AND QUASH THE IMPUGNED ENDORSEMENT DATED 30.04.2025 ISSUED BY THE RESPONDENT NO.2 BEARING NO.CPB/CTP-SEC/1804/2025 (PRODUCED ANNEXURE-D) TO THE WRIT PETITION; II) ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENTS NO.4 AND 5 TO CONSIDER THE CASE OF THE PETITIONER HAVING CTP NO.12298 FOR PREMATURE RELEASE INDEPENDENTLY IN THE LIGHT OF THE ORDER AND DIRECTION PASSED BY THIS HON'BLE COURT IN WRIT PETITION NO. 29219/2024 DATED 28.11.2024 WHICH IS PRODUCED AND MARKED AS ANNEXURE F TO THE WRIT PETITION; (III) ISSUE A WIRT/ORDER/DIRECTION FOR THE RESPONDENT NO.2 TO RELEASE THE PETITIONER ON GENERAL 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 RECOMMENDS THE CASE OF THE PETITIONER FOR PREMATURE RELEASE. - 3 - HC-KAR NC: 2025:KHC:49895 WP No. 19387 of 2025 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, wife of the detenue – Frank Anthony, CTP No.12298 is before this Court seeking for the following reliefs: "i). Issue a Writ of Certiorai and quash the impugned endorsement dated 30.04.2025 issued by the Respondent No.2 bearing No.CPB/CTP- Sec/1804/2025 (produced vide “ANNEXURE – D”) to the Writ Petition; ii) Issue a Writ of Mandamus directing the respondents No.4 & 5 to consider the case of the petitioner having CTP No.12298 for premature release independently in the light of the order and direction passed by this Hon’ble Court in Writ Petition No.29219/2024 dated 28.11.2024 which is produced and marked as ANNEXURE – “F”, to the Writ Petition. iii) Issue a Writ / order / direction for the Respondent No.2 to release the petitioner on general 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 recommends the case of the petitioner for premature release. iv) Issue any other writ or order or direction that deems fit to grant in the circumstances of the case in the interest of justice. - 4 - HC-KAR NC: 2025:KHC:49895 WP No. 19387 of 2025 2. The grievance of the petitioner is that, the application filed by the detenue for premature release is not been considered by the respondents on the ground that the detenue has been convicted in two matters for the offences punishable under Section 302 of the IPC. 3. The submissions of Sri Tigadi Veeranna Gadigeppa, learned counsel for the petitioner is that, when appeals had been filed in Crl.A.No.529/2022 along with Crl.A.No.534/2022, by the detenue, the division bench of this Court had categorically observed and granted liberty to the detenue to seek for remission, which the State Government was required to consider in terms of the Order No.HD 138 PRA 2013, Bengaluru, dated 07.01.2014 and the application could not have been rejected in limine, but ought to have been placed before the Advisory Board. 4. Learned Additional Government Advocate submits that whenever there is conviction and sentencing made in respect of offences involving two or more deaths, which - 5 - HC-KAR NC: 2025:KHC:49895 WP No. 19387 of 2025 are punishable under Section 302 of the IPC, the Authorities normally reject the application. 5. Though that may be the case, in the present matter, the division bench has specifically directed that the detenue could claim remission and directed the State Government to consider the same and when such a direction had been issued, it was for the respondents to have placed the application of the detenue before the Advisory Board, who should have considered the matter on merit and not for the respondents to reject the same in limine, as is done in the present matter. Hence, I pass the following: ORDER (i) The writ petition is allowed. (ii) A certiorari is issued and the endorsement dated 30.04.2025 issued by respondent No.2 bearing No.CPB/CTP-Sec/1804/2025 vide Annexure ‘D’ is quashed. (iii) Respondent Nos.4 and 5 are directed to place the application of the detenue for remission and premature release before - 6 - HC-KAR NC: 2025:KHC:49895 WP No. 19387 of 2025 the Advisory Board in the next meeting of the said Board, in terms of the judgment passed by the division bench in Crl.A.Nos.529/2022 c/w. 534/2022. SD/- (SURAJ GOVINDARAJ) JUDGE NVJ List No.: 2 Sl No.: 31