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2026 DAILYLAW 17778 (KAR)

MANJA @ MANJUNATHA v. STATE OF KARNATAKA

WP/13505/2026 · 2026-05-14

S R Krishna Kumar

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:24767 WP No. 13505 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF MAY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 13505 OF 2026 (GM-POLICE) BETWEEN: MANJA @ MANJUNATHA S/O SOMANNA @ SOMAPPA AGED ABOUT 41 YEARS R/AT BOOKAHALLI VILLAGE K.R.PETE TALUK, MANDYA DISTRICT - 571 426 NOW THE PETITIONER IS SERVING SENTENCE IN CENTRAL PRISON, BANGALORE, CTP-7565 HENCE, HE IS REPRESENTED BY HIS SISTER SMT GAYATHRI. …PETITIONER (BY SRI. VISHWANATHA M S.,ADVOCATE) AND: 1. STATE OF KARNATAKA BY ADDL.CHIEF SECRETARY TO GOVERNMENT HOME DEPARTMENT, 2ND FLOOR VIDHANA SOUDHA, BENGALUR - 560 001. 2. THE LIFE CONVICTS RELEASE COMMITTEE REP-BY ITS CHAIRMAN AND PRINCIPAL SECRETARY HOME DEPARTMENT, VIDHANA SOUDHA BENGALURU - 560 001. 3. DIRECTOR GENERAL OF POLICE PRISONS AND CORRECTIONAL SERVICES NO.4. SESHADRI ROAD BENGALURU-560 009. Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:24767 WP No. 13505 of 2026 4. CHIEF SUPERINTENDENT CENTRAL PRISON ELECTRONIC CITY POST PARAPPANA AGRAHARA BENGALURU - 560 100. …RESPONDENTS (BY SRI. B. RAVINDRANATH, AGA) THIS W.P IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUITON OF INDIA PRAYING TO ISSUE A WRIT ORDER OR DIRECTION IN THE NATURE OF MANDAMUS TO THE R1, 3 AND 4 TO PLACE THE CASE OF THE PETITIONER BEFORE THE LIFE CONVICT PREMATURE RELEASE COMMITTEE THE R2 HEREIN FOR CONSIDERATION OF THE PREMATURE RELEASE OF THE PETITIONER. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner seeks the following reliefs: a) Issue a writ, order or direction in the nature of mandamus to the respondent No.1, 3 and 4 to place the case of the petitioner before the life convict premature release committee the respondent No.2 herein, for consideration of the premature release of the petitioner. b) Issue a writ, order or direction in the nature of mandamus to the respondent No.2 to consider the case of the petitioner for premature release on the touchstone of the Notification produced at Annexure-A Order No.HD 119 PRA 2018, dated 21.04.2020. - 3 - HC-KAR NC: 2026:KHC:24767 WP No. 13505 of 2026 c) Pass such other orders / directions considering the facts and circumstances of the case in the interest of justice. 2. Heard learned counsel for the petitioner and learned AGA for the respondents and perused the material on record. 3. The petitioner – Manja @ Manjunatha stands convicted for offence punishable under Sections 498A and 302 IPC in S.C.No.107/2013 and is presently undergoing sentence of imprisonment for life. The petitioner’s sister – Smt.Mahadevamma (CTP No.00183), who was also one of the accused persons in the aforesaid S.C.No.107/2013 has been released by way of premature release as can be seen from her Release Certificate dated 09.12.2025. So also, the petitioner’s mother – Smt.Gowramma, who is also a life convict in the aforesaid S.C.No.107/2013 and in Mysore Jail in CTP No.00182 was also recommended for premature release and was granted parole by this Court in W.P.No.18180/2025 dated 25.07.2025. 4. The petitioner (CTP No.7565) was also recommended for premature release as can be seen from the Endorsement dated 18.04.2026 issued by the Central Prison, Bengaluru, which is - 4 - HC-KAR NC: 2026:KHC:24767 WP No. 13505 of 2026 currently pending consideration before the Life Convicts Release Committee (LCRC) – respondent Nos.1 to 3 in the present petition. Under these circumstances, petitioner is before this Court by way of the present petition placing reliance upon the judgment of this Court in the case of Vijay Kumar @ Viji Vs. State of Karnataka and others – W.P.No.4623/2026 dated 16.04.2026 wherein it was held as under: The petitioner namely Vijay Kumar @ Viji, 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 certiorari to quash the notice dated 28.01.2026 bearing No.KE.KAA.BEM/J3/210/2026 produced as Annexure-K issued by the respondent No.3. b. Issue a writ, order or direction in the nature of mandamus to the Respondent No.2 to reconsider the case of the petitioner for premature release, in light of the order passed by this Hon'ble Court in Crl.P 4707/2025 dated 26.04.2025 produced as Annexure-F. c. Issue a writ, order or direction in the nature of mandamus to the respondents to continue the parole till the final order of the Government in the interest of justice and equity. d. 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 Sections 302 and 109 of the Indian Penal Code, 1860, in S.C. No.38/2009, and is presently undergoing a sentence of - 5 - HC-KAR NC: 2026:KHC:24767 WP No. 13505 of 2026 imprisonment for life. It is not in dispute that the detenue has already undergone incarceration for a period of more than 16 years including remission. 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 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: ORDER (i) The writ petition is allowed. (ii) Respondent No.4 is directed to release Convict No.7230, Vijay Kumar @ Viji S/o Selvaraja, on general - 6 - HC-KAR NC: 2026:KHC:24767 WP No. 13505 of 2026 parole, subject to usual conditions, pending consideration and final decision by respondent Nos.1 and 2 (LCRC). (iii) 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. 5. In view of the aforesaid facts and circumstances and the recommendation made for premature release of the petitioner as stated supra, I am of the view that the petitioner is entitled to be released on general parole pending consideration and final decision to be taken by the respondent Nos.1 to 3 – LCRC by issuing certain directions in this regard. 6. In the result, I pass the following: ORDER (i) The petition is hereby allowed. (ii) The 4th respondent is directed to release the petitioner – Manja @ Manjunatha (CTP No.7565) on general parole immediately / forthwith subject to usual conditions pending consideration and final decision by respondent Nos.1 to 3 – LCRC. - 7 - HC-KAR NC: 2026:KHC:24767 WP No. 13505 of 2026 (iii) It is made clear that such release of petitioner – Manja @ Manjunatha (CTP No.7565) shall be purely interim in nature and shall be subject to the outcome of the decision to be taken by the LCRC. Sd/- (S.R.KRISHNA KUMAR) JUDGE Srl.