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2026 DAILYLAW 24832 (KAR)

SRI. MARULA SIDDA PATEL. B. R. v. THE STATE OF KARNATAKA

WP/15248/2026 · 2026-06-22

Suraj Govindaraj

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:30849 WP No. 15248 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. 15248 OF 2026 (GM-POLICE) BETWEEN: 1. SRI. MARULA SIDDA PATEL. B. R. S/O B K REVANASIDDAPPA, AGED ABOUT 30 YEARS, RESIDING AT NO.675, 1ST B MAIN, 2ND PHASE, 7TH BLOCK, BSK 3RD STAGE, BENGALURU-560085 (FRIEND OF CONVICT SRI.ROSHAN @ MUKKATARA ROSHAN CARIYAPPA SERVING IMPRISONMENT IN CENTRAL PRISON, MYSURU CTP NO.16432) …PETITIONER (BY SRI. ADITYA S K., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY THE PRINCIPAL SECRETARY, HOME DEPARTMENT, VIDHANA SOUDHA BENGALURU - 560001. 2. LIFE CONVICTS RELEASE COMMITTEE REPRESENTED BY ITS CHAIRMAN AND PRINCIPAL SECRETARY, HOME DEPARTMENT, VIDHANA SOUDHA BENGALURU - 560001. 3. THE DIRECTOR GENERAL OF POLICE PRISONS AND CORRECTIONAL SERVICES, NO.9, SHESHADRI ROAD, GANDHI NAGAR, BENGALURU-560009. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:30849 WP No. 15248 of 2026 4. THE CHIEF SUPERINTENDENT CENTRAL PRISON, MYSURU, ASHOKA ROAD, MYSURU-570007. …RESPONDENTS (BY SRI. C.H.DEVRAJ., GA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS TO ACT IN STRICT COMPLIANCE WITH THE GOVERNMENT ORDER BEARING NO. HD 119 PRA 2018, BENGALURU, DATED 21.04.2020, ISSUED BY THE GOVERNMENT OF KARNATAKA PRODUCED AS ANNEXURE-C, AND BE FURTHER PLEASED TO DIRECT THE PREMATURE RELEASE OF THE PETITIONERS FRIEND/SRI. ROSHAN ALIAS MUKKATARA ROSHAN CARIYAPPA S/O LATE MANDANNA, CONVICT PRISONER NO. 16432, CURRENTLY LODGED IN CENTRAL PRISON, MYSURU IN TERMS OF THE SAID GOVERNMENT ORDER AND ETC. THIS WRIT 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 – friend of the detenu - Roshan @ Mukkatara Roshan Cariyappa (CTP No.16432) is before this Court seeking for the following reliefs: a. Issue a Writ in the nature of Mandamus directing the Respondents to act in strict compliance with the Government Order bearing No. HD 119 PRA 2018, Bengaluru, dated 21.04.2020, issued by the Government of Karnataka produced as ANNEXURE-'C', and be further pleased to direct the premature release of the Petitioner's friend/Sri. Roshan @ Mukkatara Roshan Cariyappa S/o Late Mandanna, Convict Prisoner No. 16432, currently lodged in Central Prison, Mysuru in terms of the said Government Order; - 3 - HC-KAR NC: 2026:KHC:30849 WP No. 15248 of 2026 b. Issue a Writ in the nature of Mandamus directing The Chief Superintendent of Prisons, Central Prison, Mysuru/Respondent No.4 to release the Petitioner's friend/ Sri. Roshan @ Mukkatara Roshan Cariyappa S/o Late Mandanna, Convict Prisoner No. 16432 currently lodged in Central Prison, Mysuru on parole pending consideration and final decision of the Government on the proposal for premature release, in the interest of justice and equity; c. Pass such other order or orders as this Hon'ble Court may deem fit in the facts and circumstances of the case, in the interest of justice and equity. 2. The detenu had been convicted for offence under Section 498(A), 304(B) of IPC and Section 3, 4, 6 of DP Act in SC No.110/2008 by the 5th Additional District and Sessions Judge, Mysuru and sentenced on 11.03.2010 for life imprisonment. He had made an application for premature release, which has been approved by the Advisory Board as also the Life Convicts Release Committee (LCRC). 3. Learned AGA submits that the Advisory Board as also the LCRC have approved for the premature release of the detenu and now the file is pending for approval before the competent authority. 4. Hence,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:30849 WP No. 15248 of 2026 competent authority 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- Roshan @ Mukkatara Roshan Cariyappa (CTP No.16432) on parole for a period of 90 days commencing from 06.07.2026 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/LCRC, 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.: 32