Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR NC: 2026:KHC:30776 WP No. 12208 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. 12208 OF 2026 (GM-POLICE)
BETWEEN:
1.
NITHIN PATIL S/O KALAGOUDA PATIL, AGED 38 YEARS R/AT NO C-205 SUNSHINE SILICON CITI, VICTORIAN VIEW LAYOUT, BOREWELL ROAD, NALLURAHALLI, WHITEFIELD, BENGALURU-560 066
PETITIONER IS THE SON IN-LAW OF LIFE CONVICT NO 2244 CHANNAPPA WHO IS SERVING LIFE SENTENCE IN BELAGAVI 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
Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
- 2 -
HC-KAR NC: 2026:KHC:30776 WP No. 12208 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, BELAGAVI-591 108 … 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 R1 AND R2, TO TAKE A DECISION ON PREMATURE RELEASE RECOMMENDATION MADE BY THE LCRC COMMITTEE INSOFOR AS CONVICT PRISONER NO. 2244 CHANNAPPA S/O DHAREPPA MUTNAL AS EXPEDIOUSLY POSSIBLE.
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 son-in-law of the detenu- Channappa (CTP.No.2244), is before this Court seeking for the following reliefs: a. Issue a Writ, Order or direction in the nature of mandamus to the respondent No.1 and 2, to take a decision on premature release recommendation made by the LCRC Committee insofar as Convict Prisoner No.2244 Channappa S/o Dhareppa Mutnal as expediously possible.
- 3 -
HC-KAR NC: 2026:KHC:30776 WP No. 12208 of 2026
b. Issue a Writ, Order or direction in the nature of mandamus to the Respondent No.4 to release the Convict Prisoner No.2244 Channappa S/o Dhareppa Mutnal on parole till the premature release 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 for the offences punishable under Sections 302 and 201 r/w 34 of IPC and Section 30 of ARMS Act in S.C.No.378/2011 by the II Additional District and Sessions Judge, Belagavi and on 12.02.2013, the detenu had been sentenced for life imprisonment. The detenu had earlier been granted parole for 2 years 2 months 23 days. He 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
- 4 -
HC-KAR NC: 2026:KHC:30776 WP No. 12208 of 2026
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:
ORDER i) The Writ Petition is partly allowed. ii) Respondent No.4 is directed to release the detenu-Channappa (CTP.No.2244) 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.
- 5 -
HC-KAR NC: 2026:KHC:30776 WP No. 12208 of 2026
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.: 21