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2026 DAILYLAW 22299 (KAR)

SRI MOHAN KUMAR J v. THE STATE OF KARNATAKA

WP/16744/2026 · 2026-06-15

Suraj Govindaraj

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:29052 WP No. 16744 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 16744 OF 2026 (GM-POLICE) BETWEEN: 1. SRI MOHAN KUMAR J S/O JAYARAMU, AGED ABOUT 36 YEARS, R/AT 136, BRAHMANIPURA, LALAGHATTA, CHANNAPATNA, RAMANAGARA - 562 160 PETITIONER IS THE COUSIN BROTHER OF THE CONVICT PRISONER NO. 10958 UMESHA CURRENTLY SERVING SENTENCE IN CENTRAL PRISON, BANGALORE. … PETITIONER (BY SRI. PRATHAP S S., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY THE PRINCIPAL SECRETARY, HOME DEPARTMENT, VIDHANA SOUDHA, BENGALURU - 560 001 2. THE LIFE CONVICTS RELEASE COMMITTEE HOME DEPARTMENT, VIDHANA SOUDHA, BENGALURU - 560 001 REPRESENTED BY ITS CHAIRMAN. 3. THE DIRECTOR GENERAL OF POLICE PRISONS AND CORRECTIONAL SERVICES, NO. 9, SHESHADRI ROAD, GANDHI NAGAR, BENGALURU - 560 009 Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:29052 WP No. 16744 of 2026 4. THE CHIEF SUPERINTENDENT CENTRAL PRISON, BENGALURU - 560 100 … RESPONDENTS (BY SRI. C H DEVARAJ, GOVERNMENT ADVOCATE FOR R1 TO R4) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO THE RESPONDENTS TO RELEASE THE PRISONER NO. 10958 UMESHA S/O LATE MALLAIAH 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 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 release the prisoner No.10958 Umesha S/o Late Mallaiah on parole till the decision of the Government in the interest of justice and equity. 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 offence under Section 302 of IPC in SC No.46/2014 by the I Additional District and Sessions Judge, Ramanagara and on 09.01.2019, the detenu had been sentenced for life imprisonment. The detenu has not applied for parole on earlier occasion. He had made an application for premature release. In terms of the said application, the Advisory Board had approved - 3 - HC-KAR NC: 2026:KHC:29052 WP No. 16744 of 2026 the premature release of the detenu, and the matter is now pending before the Life Convicts Release Committee (LCRC). Hence, 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 partly allowed. ii) Respondent No.4 is directed to release the detenu Umesha S/o late Mallaiah CTP No.10958 on parole for a period of 90 days with usual conditions and or the decision of the LCRC whichever is earlier. iii) In the event of the LCRC approving the premature release, then the parole shall continue until approval by the appropriate authorities. iv) 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 PRS / List No.: 2 Sl No.: 58