- 1 - HC-KAR NC: 2026:KHC:21148 WP No. 10051 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 10051 OF 2026 (GM-POLICE) BETWEEN: 1. SRI. SOMESHA C H S/O LATE HULIYAPPA AGED 38 YEARS R/AT CHANNAGUNDANAHALLI HIREKOLALE, CHIKKAMAGALUR KARNATAKA-577101. THE PETITIONER IS THE BROTHER OF THE CONVICT PRISONER NO 8347 GIRISHA @ THAMMAIAH WHO IS SERVING LIFE SENTENCE IN BENGALURU CENTRAL PRISON. …PETITIONER (BY SRI. PRADEEP PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY THE PRINCIPAL SECRETARY HOME DEPARTMENT VIDHANA SOUDHA, BENGALURU-560001. 2. THE LIFE CONVICTS RELEASE COMMITTEE HOME DEPARTMENT VIDHANA SOUDHA BENGALURU-560001 REPRESENTED BY ITS CHAIRMAN 3. THE DIRECTOR GENERAL OF POLICE Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:21148 WP No. 10051 of 2026 PRISONS & CORRECTIONAL SERVICES NO. 9, SHESHADRI ROAD, GANDHI NAGAR BENGALURU-560009. 4. THE CHIEF SUPERINTENDENT CENTRAL PRISON, PARAPPANA AGRAHARA BENGALURU-560100. …RESPONDENTS (BY SRI. VIKAS ROJIPURA, AGA FOR R1 TO R4) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING FOR MANDAMUS TO 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 RESPONDENTS TO CONSIDER THE CASE OF THE PRISONER NO. 8347 GIRISHA @ THAMMAIAH S/O HULIYAPPA FOR PREMATURE RELEASE IN TERMS OF THE ANNEXURE-A AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER The petitioner who is the brother of the convict namely Girisha @ Thammaiah, who is serving life sentence in Bengaluru Central Prison has filed the captioned petition seeking following reliefs: "a. Issue a Writ, Order or direction in the nature of mandamus to the Respondents to be pleased to act in - 3 - HC-KAR NC: 2026:KHC:21148 WP No. 10051 of 2026 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 respondents to consider the case of the prisoner No.8347 Girisha @ Thammaiah S/o Huliyappa for premature release in terms of the Annexure-A. b. Issue a Writ, Order or direction in the nature of mandamus to the Respondents to release the Prisoner No.8347 Girisha @ Thammaiah S/o Huliyappa on parole till the decision of the Government 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" The detenue stands convicted for the offence punishable under Section 376(2)(f) of the Indian Penal Code, 1860, in S.C. No.27/2012, and is presently undergoing a sentence of imprisonment for life. It is not in dispute that the detenue has already undergone incarceration for a period of 14 years and 3 months. 2. The detenue has sought premature release. The Advisory Board, upon consideration, has recommended/approved the case of the detenue for such premature release. The matter is presently pending - 4 - HC-KAR NC: 2026:KHC:21148 WP No. 10051 of 2026 consideration before the Life Convicts Release Committee (LCRC). 3. The petitioner has placed reliance on the order passed by the Co-ordinate Bench of this Court in Venkatesh vs. State of Karnataka and others [W.P. No.17178/2025, dated 11.11.2025], wherein, in similar circumstances, this Court, taking note of the fact that the detenue therein had undergone more than 11 years, 5 months and 9 days of sentence and that the Advisory Board had recommended premature release, directed that the detenue be released on parole till the LCRC takes a final decision. 4. Having regard to the consistent view taken by this Court in similar matters, and taking note of the fact that the Advisory Board has already approved the case of the present detenue for premature release, this Court is of the considered view that the petitioner is entitled to similar relief. 5. Accordingly, this Court proceeds to pass the following: - 5 - HC-KAR NC: 2026:KHC:21148 WP No. 10051 of 2026 ORDER (i) The writ petition is allowed. (ii) Respondent No.4 is directed to release Convict No.8347, Girisha @ Thammaiah S/o Huliyappa, on general parole, pending consideration and final decision by respondent Nos.1 and 2 (LCRC). (iii) During the period of parole, the convict shall maintain good conduct and shall not indulge in any criminal activity or involve in any offence, much less offences of a similar nature. (iv) The detenue shall scrupulously comply with all conditions that may be imposed by the jail authorities and shall keep them informed of his whereabouts, as and when required. (v) It is made clear that such release shall be purely interim in nature and shall be subject to the outcome of the decision to be taken by the LCRC. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE CA List No.: 1 Sl No.: 94