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2025 DAILYLAW 88732 (KAR)

SRI. MAHEBOOB v. STATE OF KARNATAKA

WP/12121/2025 · 2025-11-11

Suraj Govindaraj

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:45806 WP No. 12121 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 12121 OF 2025 (GM-POLICE) BETWEEN: SRI. MAHEBOOB S/O HAZARESAB DAFEDAR (CTP NO.0957) AGED ABOUT 40 YEARS, R/O OPEN AIR JAIL DEVANAHALLI P/O CHINNAKAR VILLAGE SADAR DARWAJ, DISTRICT. YADGIR-585321 (YADAGIR TOWN P.S LIMITS) …PETITIONER (BY Ms. 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, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45806 WP No. 12121 of 2025 DEVANAHALLI BENGALURU RURAL- 560068 5. THE CHIEF SUPERINTENDENT, CENTRAL PRISON, BENGALURU-560 100 …RESPONDENTS (BY SMT. K.P YASHODHA, AGA) 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 21/4/2020 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 WRIT 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 Hon'ble Apex Court rendered in Rashidul - 3 - HC-KAR NC: 2025:KHC:45806 WP No. 12121 of 2025 Jafar Vs State of Uttar Pradesh dated 06-09-2022 produced as Annexure C and also the order passed by this Hon'ble 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 2. The petitioner-Maheboob (CTP No.0957) had been convicted in SC No.64/2011 for offence under Section 302 of IPC and convicted on 28.09.2012 highest of the sentence being for life imprisonment. The petitioner has served a total of 11 years, 4 months, 19 days as on 16.12.2024. The petitioner had made an application for grant of premature release, which has been considered by the Advisory Board and recommended by the Advisory Board and Life Convicts Release Committee (LCRC) and now it is pending for approval before the Government. Thereafter, the same would be placed for approval before His Excellency, the Governor of Karnataka. The Advisory Committee and LCRC having approved for pre-release of the petitioner, I am of the - 4 - HC-KAR NC: 2025:KHC:45806 WP No. 12121 of 2025 considered opinion that the Petitioner can be released on parole till the orders are passed by the Government. In that view of the matter, I pass the following: ORDER i) The Writ petition is allowed. ii) Respondent No.4 is directed to release the Petitioner on general parole till the orders are passed by Respondent No.1 by imposing usual conditions. SD/- (SURAJ GOVINDARAJ) JUDGE PRS List No.: 2 Sl No.: 7