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2025 DAILYLAW 79167 (KAR)

SRI KASAPPA v. STATE OF KARNATAKA

WP/34131/2025 · 2025-12-01

Suraj Govindaraj

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:50002 WP No. 34131 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. 34131 OF 2025 (GM-POLICE) BETWEEN: SRI KASAPPA S/O HANAMANT JANAWAD CTP NO. 1056 AGED ABOUT 34 YEARS, R/O OPEN AIR PRISON DEVANAHALLI P/O GADYAL VILLAGE, JAMAKHANDI TALUK, BAGALKOT DISTRICT-587330 JAMAKANDI RURAL P.S LIMITS …PETITIONER (BY SMT. MANJULA MUNAVALLI, ADVOCATE) AND: 1. STATE OF KARNATAKA HOME DEPARTMENT, THROUGH PRINCIPAL SECRETARY VIDHANA SOUDHA, BENGALURU-560 001. 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 SERVICE NO. 4, SHESHADRI ROAD, BENGALURU-560009 4. THE SUPERINTENDENT OPEN AIR PRISON, DEVANAHALLI BENGALURU RURAL-560068 Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:50002 WP No. 34131 of 2025 5. THE CHIEF SUPERINTENDENT CENTRAL PRISON, BENGALURU-560 100 …RESPONDENTS (BY SMT.K.P.YASHODHA, AGA) 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 BEARING NO. HD 119 PRA 2018, BENGALURU, DATED 21.04.2020 PRODUCED AS ANNEXURE-A AND BE FURTHER PLEASED TO DIRECT THE PREMATURE RELEASE OF THE PETITIONER 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 petitioner 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 premature release of the petitioner 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 as per the dicta of the Honble apex court rendered in Rashidul Jafar Vs State Of Uttar Pradesh dated 06-09-2022 produced as annexure- c and also the order passed by this Honble court in WP no 1300/2023 dated 02-03-2023 produced as Annexure-D 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:50002 WP No. 34131 of 2025 2. Learned AGA, on instructions, submits that the petitioner detenu having completed 14 years of incarceration, his file would be placed before the Advisory Board for consideration of remission. The said submission answers the grievance of the petitioner. 3. Directing the respondents to place the file of the detenu in the very next meeting of the Advisory Board, the petition stands dismissed. SD/- (SURAJ GOVINDARAJ) JUDGE LN List No.: 2 Sl No.: 56