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2025 DAILYLAW 75103 (KAR)

SMT. SHANTHAMMA, v. THE STATE OF KARNATAKA

WP/35253/2025 · 2025-12-15

Suraj Govindaraj

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:53273 WP No. 35253 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 35253 OF 2025 (GM-POLICE) BETWEEN: SMT. SHANTHAMMA W/O KRISHNAPPA AGED 69 YEARS R/AT VEDANTHI NAGAR NEAR B L. GOWDA'S BUILDING TB CIRCLE, HIRIYUR TOWN CHITRADURGA DISTRICT-577599, …PETITIONER (BY SRI. PRATHAP S S., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY THE PRINCIPAL SECRETARY HOME DEPARTMENT VIDHANA SOUDHA BENGALURU-560001. 2. THE LIFE CONVICTS PREMATURE RELEASE COMMITTEE HOME DEPARTMENT VIDHANA SOUDHA BENGALURU-560001 REP. BY ITS CHAIRMAN. 3. THE DIRECTOR GENERAL OF POLICE PRISONS CORRECTIONAL SERVICES NO. 9 SHESHADRI ROAD GANDHI NAGAR BENGALURU-560009. 4. THE SUPERINTENDENT CENTRAL PRISON BALLARI-583101 …RESPONDENTS (BY SMT. K P YASHODHA, AGA FOR RESPONDENTS) Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:53273 WP No. 35253 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO 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-B AND BE FURTHER PLEASED TO DIRECT THE RESPONDENTS TO CONSIDER THE CASE OF THE PRISONER NO 11196 H K RAVI KUMAR AT RAVI S/O KRISHNAPPA FOR PREMATURE RELEASE IN TERMS OF THE ANNEXURE-B AND ETC. 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 mother of H.K.Ravikumar @ Ravi (CTP No. 11196) 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-B and be further pleased to direct the respondents to consider the case of the prisoner No 11196 H K Ravikumar @ Ravi S/o Krishnappa for premature release in terms of the Annexure-B. b. Issue a Writ, Order or direction in the nature of mandamus to the Respondents to release the Prisoner No 11196 Η Κ Ravikumar @ Ravi S/o Krishnappa 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 - 3 - HC-KAR NC: 2025:KHC:53273 WP No. 35253 of 2025 2. Learned AGA on instructions submits that the Advisory Board has recommended for premature release of the detenu. Now, the matter is pending before the Life Convicts Release Committee (LCRC). 3. In that view of the matter, I am of the considered opinion that the Advisor Board having recommended the premature release, the detenu can be released on parole for a period of 90 days. 4. Needless to say, if the LCRC were, to in the meanwhile, recommend premature release, the parole shall continue until the final orders are passed by his Excellency the Governor. As such, I pass the following; wORDER i. The writ petition is allowed. ii. Respondent No.4-The Superintendent, Central Prison, Ballari is directed to release the petitioner on parole for a period of 90 days commencing from 22.12.2025 by imposing usual conditions. - 4 - HC-KAR NC: 2025:KHC:53273 WP No. 35253 of 2025 iii. In the event of the LCRC approving the premature release, the parole would stand extended until order passed by his Excellency the Governor. SD/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 2 Sl No.: 31