- 1 - HC-KAR NC: 2025:KHC:49897 WP No. 15400 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 15400 OF 2025 (GM-POLICE) BETWEEN: 1. CHAYA @ SOMA @ RAJESH CTP - 8841 S/O RAVI AGED ABOUT 41 YEARS, OCC: CONVICT PRISONER, R/AT: CENTRAL PRISON PARAPPANA AGRAHARA, BENGALURU, KARNATAKA – 560 100. 2. ANANDA CTP-3398 S/O RAVI AGED ABOUT 39 YEARS, OCC: CONVICT PRISONER, R/AT: CENTRAL PRISON PARAPPANA AGRAHARA, BENGALURU, KARNATAKA – 560 100. 3. KHADAL, C/O: RAVI, BROTHER OF CHAYA @ SOMA @ RAJESH CTP-8841 AND ANANDA CTP-3398 AGED ABOUT 31 YEARS, R/AT: THUNGA CHANAL LEFT SIDE AMBEDKAR NAGAR, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:49897 WP No. 15400 of 2025 MAKKI PIKKI COLONY, SHIVAMOGGA, KARNATAKA – 577 205. …PETITIONERS (BY SRI SIRAJUDDIN AHMED, ADVOCATE) AND: 1. STATE OF KARNATAKA HOME DEPARTMENT, THROUGH PRINCIPAL SECRETARY VIDHANA SOUDHA, BENGALURU – 560 001. 2. THE LIFE CONVICTS RELEASE COMMITTEE REPRESENTED BY ITS CHAIRMAN AND PRINCIPAL SECRETARY HOME DEPARTMENT VIDHANA SOUDHA, BENGALURU – 560 001. 3. THE DIRECTOR GENERAL OF POLICE PRISONS AND CORRECTIONAL SERVICES SHESHADRI - ROAD, BENGALURU – 560 001. 4. CHIEF SUPERINTENDENT CENTRAL PRISON BENGALURU – 560 100. …RESPONDENTS (BY SMT.K.P.YASHODHA, AGA) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NO.1 TO 4 TO CONSIDER 1ST PETITIONER CHAYA - 3 - HC-KAR NC: 2025:KHC:49897 WP No. 15400 of 2025 @ SOMA @ RAJESH CTP-8841 AND 2ND PETITIONER ANANDA CTP-3398 APPLICATION TO RELEASE THEM PREMATURELY AS THEY HAVE SERVED MORE THAN 17 YEARS OF INCARCERATION. 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. Petitioner No.3, the brother of petitioner Nos.1 and 2 - convicts – Chaya @ Soma @ Rajesh (CTP No.8841) and Ananda (CTP No.3398), are before this Court seeking for the following reliefs: "a) Direct the Respondent No.1 to 4 to consider 1st petitioner CHAYA @ SOMA @ RAJESH CTP – 8841 AND 2nd petitioner ANANDA CTP – 3398 application to release them prematurely as they have served more than 17 years of incarceration. b) Pass any other order (s) which this court may deem fit and proper under the facts and circumstances of the case, in the interest of justice.” 2. Both petitioners Nos.1 and 2 – brothers had been convicted in S.C.No.272/2008 by the 1st Additional District and Sessions Court, Mysuru, for the offences - 4 - HC-KAR NC: 2025:KHC:49897 WP No. 15400 of 2025 punishable under Sections 399 read with 149 of the IPC, Sections 400 read with 149 of the IPC and Sections 402 read with 149 of the IPC and sentenced on 25.05.2010, the highest of the sentence being 10 years imprisonment. They are convicted in S.C.No.83/2009 by the Presiding Officer, 4th Fast Track Court, Tumkuru, for offences punishable under Sections 302 and 396 of the IPC and sentenced on 09.07.2020, the highest of the sentence being for life imprisonment. They are also convicted in S.C.No.148/2009 by the Additional Sessions Judge and Presiding Officer, 2nd Fast Tract Court, Hassan, for offences punishable under Sections 396 and 397 of IPC and sentenced on 12.06.2012, the highest of the sentence being for life imprisonment. All the aforesaid sentences were directed to run concurrently. 3. The application for parole is opposed by the learned Additional Government Advocate on the ground that petitioner Nos.1 and 2 are habitual offenders, they have been convicted in three criminal cases and two other offences are pending trial. As such, parole should not be granted. - 5 - HC-KAR NC: 2025:KHC:49897 WP No. 15400 of 2025 4. A perusal at the imprisonment certificates indicate that petitioner Nos.1 and 2 as on 23.03.2025 had served a period of 17 years, 2 months, 12 days and as of now, they have spent much more time in the prison. During the period in which they were incarcerated, there is no complaint against petitioner Nos.1 and 2 – convicts except the earlier offences, which had been committed by them prior to being incarcerated. 5. In that view of the matter, I am of the considered opinion that there being no further complaint against petitioner Nos.1 and 2 and their conduct being satisfactory, petitioner Nos.1 and 2, the detenues’ cannot be denied parole on the ground that they had committed offences prior to the ones that they were incarcerated for. As such I pass the following: ORDER a. The writ petition is allowed in part. b. Respondent No.4 - the Chief Superintendent, Central Prison, Bengaluru, is directed to release Chaya @ Soma @ Rajesh (CTP No.8841) and Ananda (CTP No.3398) on parole for a period of 30 days commencing - 6 - HC-KAR NC: 2025:KHC:49897 WP No. 15400 of 2025 from 08.12.2025, subject to the following conditions: (i) The prisoners (CTP Nos.8841 and 3398) shall mark their attendance in the jurisdictional Police Station, weekly once throughout the period of their parole and it would be the responsibility of the jurisdictional Police to take them to gaol, in the event, the convicts (CTP Nos.8841 and 3398) would evade going back to the gaol, after the expiry of the period of general parole. (ii) Respondent No.4 shall stipulate strict conditions as are usually stipulated to ensure return of the detenues to the gaol and that they shall not commit any other offence during the period of parole. c. The Registry is directed to communicate the order to the prison authority for its immediate execution. SD/- (SURAJ GOVINDARAJ) JUDGE NVJ List No.: 2 Sl No.: 28