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2026 DAILYLAW 24163 (KAR)

SRI. G. KANTHARAJU v. THE STATE OF KARNATAKA

WP/37022/2025 · 2026-06-22

Suraj Govindaraj

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:30782 WP No. 37022 of 2025 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. 37022 OF 2025 (GM-POLICE) BETWEEN: 1. SRI. G. KANTHARAJU S/O LATE GOVINDEGOWDA, AGED 44 YEARS, R/AT NO. 34, F BLOCK, POLICE QUARTERS, HEBBALA, MYSORE-570 016 SINCE THE PETITIONER IS SERVING LIFE IMPRISONMENT IN CENTRAL PRISON, BENGALURU REPRESENTED BY HIS COUSIN BROTHER NAMELY H.R. SHIVAKUMAR … PETITIONER (BY SRI. MONESH KUMAR K B., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY THE PRINCIPAL SECRETARY HOME DEPARTMENT VIDHANA SOUDHA BENGALURU-560 001 2. THE LIFE CONVICTS PREMATURE RELEASE COMMITTEE HOME DEPARTMENT VIDHANA SOUDHA BENGALURU-560 001 REPRESENTED BY ITS CHAIRMAN 3. THE DIRECTOR GENERAL OF POLICE PRISONS AND CORRECTIONAL SERVICES Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:30782 WP No. 37022 of 2025 NO. 9 SHESHADRI ROAD, GANDHI NAGAR BENGALURU-560 009 4. THE CHIEF SUPERINTENDENT CENTRAL PRISON BENGALURU -560 100 … RESPONDENTS (BY SRI. C.H. DEVARAJ, GOVERNMENT ADVOCATE) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A. ISSUE A WRIT, ORDER OR DIRECTION IN THE NATURE OF MANDAMUS TO THE 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 PETITIONER IN TERMS OF THE ANNEXURE-A 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, who is the brother of the detenu- G.Kantharaju (CTP.No.4837) 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 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 petitioner in terms of the Annexure-A. b. Issue a Writ, Order or direction in the nature of mandamus to the Respondents to release - 3 - HC-KAR NC: 2026:KHC:30782 WP No. 37022 of 2025 the petitioner on parole for a period of 90 days 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. 2. The detenu had been convicted in S.C.No.260/2009 for the offences punishable under Sections 381, 302 and 201 of IPC by the II Additional District and Sessions Judge, Mysore and sentenced on 29.12.2010 with the highest of the sentence being imprisonment for life. The detenu has served a period of 14 years 19 days of imprisonment as on 16.12.2024 and his conduct in jail is said to be satisfactory. 3. A perusal of the imprisonment certificate indicates that the detenu has been granted general parole on six earlier occasions and emergency parole on two earlier occasions, totalling 1 years 5 months and 2 days, during which time there is no particular - 4 - HC-KAR NC: 2026:KHC:30782 WP No. 37022 of 2025 complaint against the detenu by the Authorities concerned. 4. Taking into account the fact that the Petitioner has spent 14 years and 19 days incarceration and during the earlier period of grant of parole there was no complaint against the Petitioner, he surrendered to the Authority concerned and his conduct during incarceration in the jail is satisfactory, I pass the following: ORDER i) The Writ Petition is allowed. ii) Respondent–Chief Superintendent, Central Prison, Bangalore, is directed to release the detenu-G.Kantharaju (CTP.No.4837) on parole for a period of 60 days commencing from 01.07.2026, subject to the following conditions: a) The detenu-G.Kantharaju (CTP.No.4837) shall mark his attendance in the jurisdictional Police Station, weekly once throughout the period of his parole and it would be the responsibility of the jurisdictional Police to take them to gaol, in - 5 - HC-KAR NC: 2026:KHC:30782 WP No. 37022 of 2025 the event, the detenu would evade going back to the gaol, after the expiry of the period of parole. b) Respondent No.1- State of Karnataka shall stipulate strict conditions as are usually stipulated to ensure return of the detenu to the gaol and that he shall not commit any other offence during the period of parole. iii) The Registry is directed to communicate the order to the prison authority for its immediate execution. iv) The petitioner and family members of the detenu to comply with all other formalities before the date fixed for release. Sd/- (SURAJ GOVINDARAJ) JUDGE KTY List No.: 2 Sl No.: 12