- 1 - HC-KAR NC: 2026:KHC:30900 WP No. 12269 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 12269 OF 2026 (GM-POLICE) BETWEEN: 1. SRI NAGESH S/O JAGAPPA, AGED ABOUT 35 YEARS, R/AT NO 311, MARUTHINAGAR, SONNENAHALLI, JNANABHARATHI POST, BENGALURU-560 056 THE PETITIONER IS THE BROTHER OF THE CONVICT PRISONER NO 19383 BASAWARAJA WHO IS SERVING LIFE SENTENCE IN KALABURAGI CENTRAL PRISON. … PETITIONER (BY SRI. PRADEEP PATIL., ADVOCATE) AND: 1. THE UNION OF INDIA, REP BY THE UNDER SECRETARY (JUDICIAL WING) GOVERNMENT OF INDIA, MINISTRY OF HOME AFFAIRS, HALL NO 17, 2ND FLOOR, MAJOR DHYAN CHAND NATIONAL STADIUM, INDIA GATE, NEW DELHI-110 002 2. THE STATE OF KARNATAKA BY THE PRINCIPAL SECRETARY HOME DEPARTMENT VIDHANA SOUDHA BENGALURU-560 001 Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:30900 WP No. 12269 of 2026 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, KALABURAGI-585 201 … RESPONDENTS (BY SRI. MALLANAGOUDA H., ADVOCATE FOR R1; SRI C.H. DEVARAJ, GOVERNMENT ADVOCATE FOR R2 TO R4) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECTION IN THE NATURE OF MANDAMUS TO THE R-1 TO GIVE CONCURRENCE ON THE RECOMMENDATION MADE BY THE STATE GOVERNMENT DTD. 01.04.2023 PRODUCED AS ANNEXURE-D AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The Petitioner, who is the brother of the detenu- Basawaraja (CTP No.19383), is before this Court seeking for the following reliefs: a. Issue a Writ, Order or direction in the nature to the respondent No.1 to give concurrence on the recommendation made by the state Government dated 01-04-2023 produced as ANNEXURE-D. b. Issue a Writ, Order or direction in the nature of mandamus to the Respondents to release the Convict Prisoner No.19383 Basawaraja S/o Jagappa Maykal on parole till the premature release in the interest of justice and equity. - 3 - HC-KAR NC: 2026:KHC:30900 WP No. 12269 of 2026 c. 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 the offences punishable under Sections 302 and 498(A) of IPC and Section 3 of Dowry Prohibition Act in S.C.No.84/2011 by the IV Additional District and Sessions Judge, Kalaburagi and on 28.02.2013, the detenu had been sentenced for life imprisonment. The detenu had made an application for premature release. In terms of the said application, the Life Convicts Release Committee (LCRC) had approved the premature release of the detenu, and the matter is now pending before the competent Authority, I am of the considered opinion that the detenu can be released on parole subject to the decision of the competent Authority. Needless to say, if the competent Authority were to deny the premature release, the detenu would have to surrender himself before the jail authorities. In that background, I pass the following: - 4 - HC-KAR NC: 2026:KHC:30900 WP No. 12269 of 2026 ORDER i) The Writ Petition is partly allowed. ii) Respondent No.4 is directed to release the detenu-Basawaraja (CTP No.19383) on parole for a period of 90 days commencing from 01.07.2026 with usual conditions and/or the decision of the competent Authority whichever is earlier. iii) In the event of the competent Authority approving the premature release, then the parole shall continue until approval by the appropriate Authorities. iv) In the event of the competent Authority rejecting the recommendation of the Advisory Board, the detenu would have to surrender to the jail authorities within 15 days of such rejection. v) Learned AGA is directed to instruct the concerned to furnish all the relevant documents to respondent No.1. Sd/- (SURAJ GOVINDARAJ) JUDGE KTY/List No.: 2 Sl No.: 0