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High Court of Karnataka · body

2025 DAILYLAW 75662 (KAR)

SRI L M SHIVAMALAVAIAH v. THE STATE OF KARNATAKA

WP/32037/2025 · 2025-11-12

Suraj Govindaraj

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:46595 WP No. 32037 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. 32037 OF 2025 (GM-POLICE) BETWEEN: SRI L M SHIVAMALAVAIAH S/O. K. MALAVAIAH, AGED ABOUT 52 YEARS, R/AT LALAGHATTA, RAMANAGARA TALUK AND RAMANAGARA DISTRICT-562 160. THE PETITIONER IS THE FATHER OF THE CONVICT PRISONER NO. 19643 L S PREMAKUMARI WHO IS SERVING LIFE SENTENCE IN MYSORE CENTRAL PRISON. …PETITIONER (BY SRI. PRATHAP S S, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP BY THE PRINCIPAL SECRETARY, HOME DEPARTMENT, VIDHANA SOUDHA, BENGALURU-560 001. 2. THE LIFE CONVICTS PREMATURE RELEASE COMMITTEE HOME DEPARTMENT, VIDHANA SOUDHA, BENGALURU-560 001, REPRESENTED BY ITS CHAIRMAN. 3. THE DIRECTOR GENERAL OF POLICE PRISONS AND CORRECTIONAL SERVICES, NO. 9, SHESHADRI ROAD, GANDHI NAGAR, BENGALURU-560 009. 4. THE CHIEF SUPERINTENDENT CENTRAL PRISON, MYSORE-570 002. …RESPONDENTS (BY SMT.K.P.YASHODHA, AGA FOR R1 TO R4) Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:46595 WP No. 32037 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 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 CONVICT PRISONER NO 19643 L S PREMAKUMARI W/O RAJU FOR PREMATURE RELEASE IN TERMS OF THE ANNEXURE- A 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 father of the detenu-L.S.Premakumari-CTP No.19643, 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 convict prisoner no 19643 L S Premakumari W/O Raju for premature release in terms of the Annexure-A. b. Issue a Writ, Order and direction in the nature of mandamus to the Respondents to release the convict prisoner no 19643 LS Premakumari W/O Raju on parole till the decision of the Government. 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:46595 WP No. 32037 of 2025 2. The detenu had been convicted for offence punishable under Section 302, 363 and 201 of IPC in SC.No.113/2016 vide order dated 29.09.2018 by the V Additional District and Session Judge, Mandya and the detenu had been sentenced for life imprisonment. She 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. - 4 - HC-KAR NC: 2025:KHC:46595 WP No. 32037 of 2025 ii) Respondent-Chief Superintendent, is directed to release the detenu-L.S.Premakumari-CTP No.19643, on parole for a period of 90 days with usual conditions and/or the decision of the LCRC whichever is earlier. iii) In the event of the LCRC approving the premature release, then the parole shall continue until approval by the appropriate Authorities. iv) 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 KTY List No.: 1 Sl No.: 104