- 1 - HC-KAR NC: 2025:KHC:49900 WP No. 10579 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. 10579 OF 2025 (GM-POLICE) BETWEEN: SRINIVASA @ DRIVER SRINIVASA S/O YELLAPPA AGED ABOUT 52 YEARS R/AT VALIGEREPURA VILLAGE, SULIBELE HOBLI, HOSKOTE TALUK, BENGALURU RURAL DISTRICT. (NOW SERVING SENTENCE IN CENTRAL PRISON BENGALUR CTP 2823) REPRESENTED BY CHANNAKESHAVA S., S/O SRINIVASA AGED ABOUT 24 YEARS NO.107, VIJAYAPURA ROAD, DEVANAHALLI TALUK, IBASAPURA, BENGALURU PIN 562 129 …PETITIONER (BY SRI SHARATH J.M., ADVOCATE) AND: 1. STATE OF KARNATAKA BY ADDL. CHIEF SECRETARY TO GOVERNMENT HOME DEPARTMENT 2ND FLOOR, VIDHANA SOUDHA, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:49900 WP No. 10579 of 2025 BENGALUR – 560 001. 2. THE LIFE CONVICTS RELEASE COMMITTEE REPRESENTED BY ITS CHAIRMAN AND PRINCIPAL SECRETARY HOME DEPARTMENT VIDHANA SOUDHA BENGALURU – 560 001. 3. DIRECTOR GENERAL OF POLICE PRISONS AND CORRECTIONAL SERVICES NO -4, SESHADRI ROAD, BENGALURU – 560 009. 4. CHIEF SUPERINTENDENT CENTRAL PRISON, ELECTRONIC CITY POST PARAPPANA AGRAHARA, BENGALURU – 560 100 (RESPONDENT NOS. 1 TO 4 ON REPRESENTED BY LEARNED GOVERNMENT ADVOCATE, HIGH COURT OF KARNATAKA BENGALURU – 560 001. …RESPONDENTS (BY SMT.K.P.YASHODHA, AGA) THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO a) DIRECTION IN THE NATURE OF MANDAMUS TO THE R1, 3 AND 4 TO PLACE THE CASE OF THE PETITIONER BEFORE THE LIFE CONVICTS PREMATURE RELEASE COMMITTEE, THE R2 HEREIN; b) - 3 - HC-KAR NC: 2025:KHC:49900 WP No. 10579 of 2025 DIRECTION IN THE NATURE OF MANDAMUS TO THE R2 TO CONSIDER THE CASE OF THE PETITIONER FOR PREMATURE RELEASE ON THE TOUCHSTONE OF THE NOTIFICATIONS PRODUCED AS ANNEXURE-A AND THE DECISIONS OF THE HON’BLE APEX COURT RENDERED IN W.P.439/2021 (A) SHARAFAT ALI VS STATE OF UP AND ANR PRODUCED AS ANNEXURE-B AND THE DECISION OF THIS HON’BLE COURT IN WP NO. 1300/2023 DATED 02/03/2023 PRODUCED AS ANNEXURE-C IN THIS REGARD. 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 - convict – Srinivasa (CTP No.2853) is before this Court seeking for the following reliefs: "a) Issue a Writ, Order, or direction in the nature of Mandamus to the Respondents 1, 3 & 4 to place the case of the Petitioner before the Life Convicts Premature Release Committee, the Respondent No.2 herein. b) Issue a Writ, order of direction in the nature of mandamus to the Respondent No.2 to consider the case of the Petitioner for premature release on the touchstone of the Notifications produced as ANNEXURE – A and the decisions of the Hon’ble Apex Court rendered in W.P.No.439/2021 (a) Sharafat - 4 - HC-KAR NC: 2025:KHC:49900 WP No. 10579 of 2025 Ali Vs. State of U.P. & Anr produced as ANNEXURE – B and the decision of this hon’ble court in W.P.no.1300/2023 dated 02/03/2023 produced as ANNEXURE – C in this regard. c) Pass such other orders / directions considering the facts and circumstances of the case together as to costs in the interest of justice.” 2. Learned Additional Government Advocate submits that the application has been filed seeking premature release of the petitioner – convict and the Advisory Board having approved the application, the same is pending before the Life Convicts Release Committee. 3. In that view of the matter, the petitioner cannot be prematurely released, but in my considered opinion, as the Advisory Board having approved the application seeking premature release, the petitioner can be granted parole for a period of 90 days. 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 Srinivasa (CTP No.2853) on parole for - 5 - HC-KAR NC: 2025:KHC:49900 WP No. 10579 of 2025 a period of 90 days commencing from 08.12.2025, subject to the following conditions: (i) The prisoner (CTP No.2853) shall mark his attendance in the jurisdictional Police Station, weekly once throughout the period of his parole and it would be the responsibility of the jurisdictional Police to take him to gaol, in the event, the convict (CTP No.2853) 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 detenue to the gaol and that he shall not commit any other offence during then 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.: 24