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2025 DAILYLAW 72258 (KAR)

CHATRAPATHI NAIKA @ AKASH v. THE STATE OF KARNATAKA

WP/14228/2025 · 2025-11-12

Suraj Govindaraj

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:46149 WP No. 14228 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 14228 OF 2025 (GM-POLICE) BETWEEN: CHATRAPATHI NAIKA @ AKASH S/O DEVARAJA NAIKA PRESENTLY AGED ABOUT 28 YEARS R/AT NO CHIKKAMATHLI DODDAMATHLI, MANDAGHATTA POST, SHIVAMOGGA-577211 (SERVING SENTENCE IN BENGALURU CENTRAL PRISON IN CTP NO-8717) …PETITIONER (BY SRI. PRATHAP S S, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP 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, PARAPPANA AGRAHARA, BENGALURU -560 100 …RESPONDENTS (BY SMT.K.P.YASHODHA, AGA) Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:46149 WP No. 14228 of 2025 THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO 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 CONSIDER THE CASE OF THE PETITIONER FOR PREMATURE RELEASE IN TERMS OF THE ANNEXURE-A AND ETC., THIS WRIT 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 father of Chatrapathi Naika @ Akash CTP 8717 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-A and be further pleased to direct the respondents to consider the case of the petitioner for premature release in terms of the Annexure-A. b. Issue a Writ, Order or direction in the nature of mandamus to the Respondents to release the petitioner 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. The detenu had been convicted for offences under Section 302 of IPC in SC No.167/2013 by the V - 3 - HC-KAR NC: 2025:KHC:46149 WP No. 14228 of 2025 Additional District and Sessions Judge, Shivamogga (sitting at Sagar) and on 18.12.2015, the detenu had been convicted for life imprisonment. The detenu had earlier been granted court parole for 3 months. He had made an application for premature release. In terms of the said application, the Advisory Board had approved the premature release of the detenu, and the matter is now pending before the Life Convicts Release Committee (LCRC), I am of the considered opinion that the detenu can be released on parole subject to the decision 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 Chatrapathi Naika @ Akash CTP 8717 - 4 - HC-KAR NC: 2025:KHC:46149 WP No. 14228 of 2025 on parole for a period of 90 days 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.: 3