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2025 DAILYLAW 75506 (KAR)

SMT. SAVITHA v. THE STATE OF KARNATAKA

WP/28079/2025 · 2025-11-12

Suraj Govindaraj

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:46107 WP No. 28079 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. 28079 OF 2025 (GM-POLICE) BETWEEN: SMT. SAVITHA W/O HARISH AGED ABOUT 29 YEARS BHATTREANAHALLI VILLAGE VIJAYAPURA HOBLI, DEVANAHALLI BANGALORE RURAL DISTRICT 562 110 SERVING SENTENCE IN BENGALURU CENTRAL PRISON (CTP NO. 10437) …PETITIONER (BY SRI. PRADEEP PATIL, 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 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-560100 …RESPONDENTS (BY SMT.K.P.YASHODHA, AGA) Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:46107 WP No. 28079 of 2025 THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO 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 DATED 21.04.2020 VIDE NO. HD 119 PRA 2018, 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. Mother-in-law of the detenu-Savitha, CTP 10437 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 dated 21.04.2020 vide no. HD 119 PRA 2018, 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 on premature release in the interest of justice. 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:46107 WP No. 28079 of 2025 2. The detenu had been convicted for offences under Section 120B, 302 and 201 r/w 34 of IPC in SC No.15050/2014 by the V Additional District and Sessions Court, Devanahalli and on 06.08.2018, detenu was sentenced the highest of the sentence being that for life imprisonment. The detenu having been granted general parole, emergency parole and court parole on one occasion each has had the benefit of parole for a period of 4 months 27 days. The detenu having served a period of 7 years 11 months 23 days, had made an application for premature release. The said application is yet to be placed before the Advisory Board. 3. Learned AGA on instructions submits that the application will be placed before the Advisory Board in the very next meeting when the Advisory Board holds. 4. In that view of the matter, taking into consideration that there are no complaints against the petitioner - 4 - HC-KAR NC: 2025:KHC:46107 WP No. 28079 of 2025 during her earlier release on parole, I pass the following: ORDER i) The Writ Petition is partly allowed. ii) Respondent No.4 is directed to release the detenu-Savitha, CTP 10437 on parole for a period of 90 days with usual conditions. iii) Respondents are directed to place the application on the petitioner for premature release before the advisory board in its very next meeting to be held. In the event of the Advisory Board and/or LCRC approving the premature release, then the parole shall continue until approval by the appropriate authorities. In the event of the Advisory Board and/or 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.: 6