Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:53386 WP No. 36122 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. 36122 OF 2025 (GM-POLICE) BETWEEN:
1.
PAGATHI G N D/O NINGARAJU, AGED 24 YEARS R/AT SUNDAHALLI VILLAGE KOTHATHI HOBLI MANDYA TALUK MANDYA DISTRICT - 571402
…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 AND CORRECTIONAL SERVICES NO. 9 SHESHADRI ROAD GANDHI NAGAR BENGALURU-560009
Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:53386 WP No. 36122 of 2025
4.
THE CHIEF SUPERINTENDENT CENTRAL PRISON PARAPPANA AGRAHARA BENGALURU-560100 …RESPONDENTS (BY SMT. K P YASHODHA, AGA FOR RESPONDENTS)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 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 CONVICT PRISONER NO 7567 NINGARAJU S/O KALEGOWDA FOR PREMATURE RELEASE IN TERMS OF THE ANNEXURE-A. AND ETC.
THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
ORAL ORDER
1. The daughter of the detenu-Ningaraju-CTP.No.7567, 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 convict prisoner No 7567 Ningaraju S/o Kalegowda for premature release in terms of the Annexure-A.
b. Issue a Writ, Order or direction in the nature of mandamus to the Respondent No 4 to release the convict prisoner No 7567 Ningaraju S/o
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HC-KAR NC: 2025:KHC:53386 WP No. 36122 of 2025
Kalegowda on parole till the decision of the Government on premature release 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.
2. The detenu had been convicted for offence punishable under Section 302 of IPC in S.C.No.5003/2014 by the III Additional District and Sessions Judge, Mandya (sitting at S.R.Patna) and sentenced on 20.12.2014 with the highest of the sentence being imprisonment for life.
3. Learned AGA submits that the Advisory Board had recommended for the premature release of the detenu and the matter is now pending before the Life Convicts Release Committee (LCRC).
4. In that view of the matter, once the Advisory Board has recommended for the premature release of the detenu, 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
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HC-KAR NC: 2025:KHC:53386 WP No. 36122 of 2025
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. ii) Respondent No.4 is directed to release the detenu-Ningaraju-CTP.No.7567 on parole for a period of 90 days commencing from 22.12.2025 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
KTY/List No.: 2 Sl No.: 50