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2026 DAILYLAW 24754 (KAR)

SMT. KEMPAMMA v. THE STATE OF KARNATAKA

WP/18268/2026 · 2026-06-22

Suraj Govindaraj

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:31486 WP No. 18268 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. 18268 OF 2026 (GM-POLICE) BETWEEN: SMT. KEMPAMMA C/O. SOMANNA, AGED ABOUT 40 YEARS, R/AT SATHIGEHUNDI VILLAGE, ANTHARASANTHE, H.D. KOTE TALUK, MYSORE-571 114. THE PETITIONER IS THE SISTER OF THE CONVICT PRISONER NO.19694 CHANNAPPAJI@CHANNAPPA WHO IS SERVING LIFE SENTENCE IN MYSORE CENTRAL PRISON. …PETITIONER (BY SRI. PRATHAP S.S., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY THE PRINCIPAL SECRETARY, HOME DEPARTMENT, VIDHANA SOUDHA, BENGALURU-560001. 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 CORRECTIONS 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:31486 WP No. 18268 of 2026 4. THE CHIEF SUPERINTENDENT CENTRAL PRISON, MYSORE-570 007. …RESPONDENTS (BY SRI. C.H. DEVARAJ, GA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENT NOS.1 AND 2 TO TAKE A DECISION ON THE RECOMMENDATION MADE BY THE ADVISORY BOARD DATED 02-04-2026 IS PRODUCED AS ANNEXURE-C INSOFAR PRISONER NO 19694 CHANNAPPAJI @ CHANNAPPA S/O LATE MUGAIAH EXPEDIOUSLY 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 – sister of the detenu – Channappaji @ Channappa @ Kaddi (CTP No.19694) 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 the recommendation made by the advisory board dated 02-04- 2026 is produced as Annexure-C insofar prisoner No 19694 Channappaji @Channappa S/o Late Mugaiah expediously. b. Issue a Writ, Order or direction in the nature of mandamus to the Respondent No 4 to release the Prisoner No 19694 Channappaji @Channappa S/o Late Mugaiah on parole till the decision of the Government in the interest of justice and equity. - 3 - HC-KAR NC: 2026:KHC:31486 WP No. 18268 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 offence under Section 302, 498(A) of IPC in SC No.19/2014 by the V Additional District and Sessions Judge, Mysuru and on 20.12.2018, 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 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, this Court passes the following: ORDER i) The Writ Petition is partly allowed. ii) Respondent No.4 is directed to release the detenu - Channappaji @ Channappa @ Kaddi (CTP No.19694) on parole for a period of 90 - 4 - HC-KAR NC: 2026:KHC:31486 WP No. 18268 of 2026 days commencing from 06.07.2026 with usual conditions and or the decision of the LCRC 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 PRS List No.: 2 Sl No.: 73