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High Court of Karnataka · body

2025 DAILYLAW 76300 (KAR)

SMT. KAMALAMMA v. THE STATE OF KARNATAKA

WP/25772/2025 · 2025-11-12

Suraj Govindaraj

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:46151 WP No. 25772 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. 25772 OF 2025 (GM-POLICE) BETWEEN: SMT. KAMALAMMA W/O LAKSHMANA AGED 56 YEARS R/AT NO.12, JOYISHARA KOPPALU ARASIKERE, BANAVARA, HASSAN-573112 …PETITIONER (BY SRI. PRADEEP PATIL, 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:46151 WP No. 25772 of 2025 THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO 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 PRISONER 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 mother of the detenu J.L.Mohan Kumar CTP 12532 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 prisoner 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 Prisoner No 12532 JL Mohan Kumar S/o Lakshmana 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:46151 WP No. 25772 of 2025 2. The detenu had been convicted for offences under Section 302 and 201 of IPC in SC No.186/2010 by the Fast Track Court III, Bengaluru and sentenced on 07.02.2011 for life imprisonment. The detenu had earlier been granted parole on several occasions, totally amounting to 1 year, 6 months, 6 days. The detenu 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 surrender himself before the jail authorities. In that background, I pass the following: - 4 - HC-KAR NC: 2025:KHC:46151 WP No. 25772 of 2025 ORDER i. The Writ Petition is partly allowed. ii. Respondent No.4 is directed to release the detenu J.L.Mohan Kumar CTP 12532 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