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2025 DAILYLAW 89007 (KAR)

SMT. KEERTHANA v. THE STATE OF KARNATAKA

WP/36060/2025 · 2025-12-15

Suraj Govindaraj

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:53384 WP No. 36060 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. 36060 OF 2025 (GM-POLICE) BETWEEN: 1. SMT. KEERTHANA W/O S SUNIL KUMAR AGED ABOUT 24 YEARS R/AT NO 203, DR. BR AMBEDKAR STREET KANNUR VILLAGE CHAMARAJANAGAR-571443 …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 - 2 - HC-KAR NC: 2025:KHC:53384 WP No. 36060 of 2025 4. THE CHIEF SUPERINTENDENT CENTRAL PRISON MYSORE-570002 …RESPONDENTS (BY SMT. K P YASHODA, 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 RELEASE THE CONVICT PRISONER NO 00177 CHANDRAMMA D/O SHIVANAIAH W/O MARIYAPPA ON PAROLE TILL THE DECISION OF THE GOVERNMENT 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 daughter of the detenu-Chandramma- CTP.No.00177, 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 release the convict prisoner No 00177 Chandramma D/o Shivanaiah W/o Mariyappa on parole till the decision of the Government. b. 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 offences punishable under Sections 302 and 201 of IPC in S.C.No.5022/2015 by the Additional District and - 3 - HC-KAR NC: 2025:KHC:53384 WP No. 36060 of 2025 Sessions Judge, Chamarajanagara (sitting at Kollegala) and sentenced on 03.09.2020 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 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 allowed. ii) Respondent No.4 is directed to release the detenu-Chandramma-CTP.No.00177 on parole - 4 - HC-KAR NC: 2025:KHC:53384 WP No. 36060 of 2025 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.: 46