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2025 DAILYLAW 81664 (KAR)

BHUVANESHA T P @ KUTTI v. THE STATE OF KARNATAKA

WP/31732/2025 · 2025-11-12

Suraj Govindaraj

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:46596 WP No. 31732 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. 31732 OF 2025 (GM-POLICE) BETWEEN: BHUVANESHA T P @ KUTTI S/O CHATHU KUTTI AGED ABOUT 32 YEARS R/AT 1ST CROSS, NEAR GANESH TEMPLE, N.G.R. LAYOUT, RUPENA AGRAHARA, BOMMANAHALLI, BENGALURU-560068 NOW IN CENTRAL PRISON HAVING CTP NO 7155 PARAPPANA AGRAHARA, BENGALURU-560100 …PETITIONER (BY SRI. MANJUNATHA RAO LOKANDE N, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP BY PRINCIPAL SECRETARY, HOME DEPARTMENT, VIDHAN SOUDHA, BENGALURU-560001. 2. THE SUPERINTENDENT OF POLICE, BENGALURU DISTRICT, BENGALURU-560001. 3. THE CHIEF SUPERINTENDENT, CENTRAL PRISON, PARAPPANA AGARAHARA, BENGALURU-560100. 4. THE DIRECTOR GENERAL OF POLICE AND INSPECTOR GENERAL OF POLICE KARNATAKA PRISON CORRECTIONAL SERVICES, SHESHADRI ROAD, BENGALURU-560009. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:46596 WP No. 31732 of 2025 5. THE INSPECTOR OF POLICE PUTTENAHALLI POLICE STATION, BENGALURU - 560078 …RESPONDENTS (BY SMT.K.P.YASHODHA, AGA) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R3 TO RELEASE THE PETITIONER PREMATURELY TILL GOVERNMENT PASS THE ORDER TO THE WP. 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 father of the detenu-Bhuvanesha T.P. @ Kutti, CTP No.7155, is before this Court seeking for the following reliefs: a. Issue Writ of mandamus and direct the 3rd respondent to release the petitioner prematurely till government pass the order to the writ petition; and b. Issue any other writ or order or orders as this Hon'ble Court be deems fit it necessary under the facts and circumstances of the case in the interest of justice and equity. 2. The detenu had been convicted for offence punishable under Section 302 r/w 34 of IPC in SC.No.1199/2012 by the LIX Additional City Civil and sessions Judge, Bengaluru and sentenced to undergo - 3 - HC-KAR NC: 2025:KHC:46596 WP No. 31732 of 2025 imprisonment for rest of his life. The detenu preferred an appeal before this Court, a Co-ordinate Bench of this Court vide order dated 15.03.2019 modified the sentence from imprisonment forw rest of his life to imprisonment for life. The detenu had been granted Court parole for 5 times. He 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), 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: ORDER i) The Writ Petition is partly allowed. - 4 - HC-KAR NC: 2025:KHC:46596 WP No. 31732 of 2025 ii) Respondent-Chief Superintendent is directed to release the detenu-Bhuvanesha T.P. @ Kutti, CTP No.7155 on parole for a period of 90 days with usual conditions and/or the decision of the LCRC whichever is earlier. iii) In the event of the LCRC approving the premature release, then the parole shall continue until approval by the appropriate Authorities. iv) 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.: 1 Sl No.: 101