- 1 - HC-KAR NC: 2026:KHC:19756 WP No. 10637 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 10637 OF 2026 (GM-POLICE) BETWEEN: SMT. NANDINI D/O MAHADEVA, W/O AJAY @ DIWAKARA @DINI, AGED ABOUT 30 YEARS, RESIDING AT NO.270, SONIYA GANDHI BADAVANE, KURIMANDI, RAJENDRANAGARA, MYSORE-570007 (WIFE OF CONVICT SRI. AJAY@DIWAKARA SERVING IMPRISONMENT IN CENTRAL PRISON, MYSURU CTP NO. 18324) …PETITIONER (BY SRI. ADITYA S.K., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY THE PRINCIPAL SECRETARY, HOME DEPARTMENT, VIDHANA SOUDHA BENGALURU - 560 001. 2. THE LIFE CONVICTS RELEASE COMMITTEE REPRESENTED BY ITS CHAIRMAN AND PRINCIPAL SECRETARY, HOME DEPARTMENT, Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:19756 WP No. 10637 of 2026 VIDHANA SOUDHA BENGALURU - 560 001. 3. THE DIRECTOR GENERAL OF POLICE PRISONS AND CORRECTIONAL SERVICES, NO.9, SHESHADRI ROAD, GANDHI NAGAR, BENGALURU - 560 009. 4. THE CHIEF SUPERINTENDENT CENTRAL PRISON, MYSURU, ASHOKA ROAD, MYSURU - 570 007 …RESPONDENTS (BY SRI. VIKAS ROJIPURA, ADVOCATE) THIS WP IS FILED PRAYING TO-DIRECTING THE RESPONDENTS TO ACT IN STRICT COMPLIANCE WITH THE GOVERNMENT ORDER BEARING NO. HD 119 PRA 2018, BENGALURU, DATER 21.04.2020, ISSUED BY THE GOVERNMENT OF KARNATAKA PRODUCED AS ANNEXURE-C, AND BE FURTHER PLEASED TO DIRECT THE PREMATURE RELEASE OF THE PETITIONERS HUSBAND/AJAY / DIWAKARA / DINI, CONVICT PRISONER NO. 18324 CURRENTLY LODGED IN CENTRAL PRISON, MYSURU IN TERMS OF THE SAID GOVERNMENT ORDER AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM - 3 - HC-KAR NC: 2026:KHC:19756 WP No. 10637 of 2026 ORAL ORDER The petitioner who is the wife of the convict namely, Ajay @ Diwakara, who is serving life sentence in Mysuru Central Prison has filed the captioned petition seeking following reliefs: a. Issue a Writ in the nature of Mandamus directing the Respondents to act in strict compliance with the Government Order bearing No. HD 119 PRA 2018, Bengaluru, dated 21.04.2020, issued by the Government of Karnataka produced as ANNEXURE-'C', and be further pleased to direct the premature release of the Petitioner's husband/Ajay @ Diwakara @ Dini, Convict Prisoner No. 18324 currently lodged in Central Prison, Mysuru in terms of the said Government Order; b. Issue a Writ in the nature of Mandamus directing The Chief Superintendent of Prisons, Central Prison, Mysuru/Respondent No.4 to release the Petitioner's husband/ Ajay @ Diwakara @ Dini, Convict Prisoner No. 18324 currently lodged in Central Prison, Mysuru on general/permanent parole pending consideration and final decision of the Government on the proposal for premature release, in the interest of justice and equity: c. Pass such other order or orders as this Hon'ble Court may deem fit in the facts and circumstances of the case, in the interest of justice and equity. The detenue stands convicted for the offences punishable under Section 302 of the Indian Penal Code, 1860, in S.C. No.39/2013, and is presently undergoing a sentence of imprisonment for life. It is not in dispute that the detenue has - 4 - HC-KAR NC: 2026:KHC:19756 WP No. 10637 of 2026 already undergone incarceration for a period of 14 years and 10 months 16 days including remission. 2. Learned AGA on instruction submits that the advisory board has already recommended pre-mature release on 07.01.2026 and the same is pending consideration before respondent No.2/committee. The petitioner's husband is convicted in S.C.No.39/2013 and has undergone incarceration for a period of 14 years 10 days as on the date of consideration by the advisory board. 3. 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 consideration before the Life Convicts Release Committee (LCRC). 4. 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 - 5 - HC-KAR NC: 2026:KHC:19756 WP No. 10637 of 2026 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. 5. 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. 6. Accordingly, this Court proceeds to pass the following: ORDER (i) The writ petition is allowed. (ii) The respondents are directed to forthwith place the case of the petitioner’s husband for pre-mature release before the Advisory Board in its ensuing meeting. The Advisory Board shall consider the case of the detenue - 6 - HC-KAR NC: 2026:KHC:19756 WP No. 10637 of 2026 strictly in accordance with the applicable Government Orders, remission policy, and guidelines, and take a decision, expeditiously, preferably within an outer limit of eight (8) weeks from the date of receipt of a certified copy of this order. (iii) Pending such consideration, respondent No.4 is directed to release the detenue namely Ajay @ Diwakara @ Dini , Prisoner No.18324, on parole for a period of ninety (90) days, subject to the following conditions: (a) The detenue shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties for the like sum to the satisfaction of the jurisdictional prison authorities; (b) The detenue shall not leave the territorial jurisdiction of the District concerned without prior permission of the jurisdictional police; (c) The detenue shall mark his attendance once in a week, preferably on every Sunday between 10.00 a.m. and 2.00 p.m., before the jurisdictional Police Station; (d) The detenue shall not, in any manner, indulge in any criminal activity or associate with persons having criminal antecedents; - 7 - HC-KAR NC: 2026:KHC:19756 WP No. 10637 of 2026 (e) The detenue shall maintain peace and good behaviour during the period of parole; (f) The detenue shall furnish his residential address and mobile number to the jurisdictional police and shall keep the same active at all times; (g) On expiry of the parole period, the detenue shall surrender before the prison authorities without fail, unless the parole is extended in accordance with law; (h) In the event of violation of any of the above conditions, the respondents are at liberty to recall the parole and take the detenue into custody forthwith, in accordance with law. Ordered accordingly. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE HDK List No.: 1 Sl No.: 18