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2025 DAILYLAW 73512 (KAR)

SRI VIJAY KUMAR @ VIJI v. THE STATE OF KARNATAKA

WP/14250/2025 · 2025-11-12

Suraj Govindaraj

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:46150 WP No. 14250 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. 14250 OF 2025 (GM-POLICE) BETWEEN: SRI VIJAY KUMAR @ VIJI S/O SELVARAJA AGED 37 YEARS R/AT SRIRAMANAGARA, URIGAMPETE, KGF, KOLAR-563121 PRESENTLY SERVING SENTENCE IN BENGALURU CENTRAL PRISON (CTP NO.7230) …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:46150 WP No. 14250 of 2025 THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT DATED 29-01-2025 BEARING NO KE.KA.BEM/J3/19309/2025 PRODUCED AS ANNEXURE-F ISSUED BY THE RESPONDENT NO.4 AND ETC., THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The mother of the detenu Vijay Kumar @ Viji CTP 7230 is before this Court seeking for the following reliefs: a. Issue a Writ Order or Direction in the nature of certiorari to quash the endorsement dated 29-01-2025 bearing No KE.KA.BEM/J3/19309/2025 produced as Annexure-F issued by the Respondent No.4. b. 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 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. c. 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. d. 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:46150 WP No. 14250 of 2025 2. The detenu had been convicted for offences under Section 302 and 109 of IPC in SC No.38/2009 by the Additional District and Sessions Judge, Fast Track Court, KGF and sentenced on 28.10.2010 for life imprisonment. The detenu having been released on general parole on 6 occasions, emergency parole on 4 occasions, court parole on 2 occasions has had the benefit of a cumulative period of 2 years, 1 month, 14 days of parole. The detenu having served a period of 12 years, 10 months, 27 days excluding the parole 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). In that background, 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 - 4 - HC-KAR NC: 2025:KHC:46150 WP No. 14250 of 2025 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 Vijay Kumar @ Viji CTP 7230 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.: 0