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2026 DAILYLAW 28258 (KAR)

SRI SOMESHA C H, v. THE STATE OF KARNATAKA

WP/19648/2026 · 2026-07-06

Suraj Govindaraj

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:33862 WP No. 19648 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 19648 OF 2026 (GM-POLICE) BETWEEN: 1. SRI SOMESHA C H, S/O LATE HULIYAPPA, AGED 38 YEARS R/AT CHANNAGUNDANAHALLI, HIREKOLALE, CHIKKAMAGALUR KARNATAKA-577 101 THE PETITIONER IS THE BROTHER OF THE CONVICT PRISONER NO 8347 GIRISHA @ THAMMAIAH WHO IS SERVING LIFE SENTENCE IN BENGALURU CENTRAL PRISON … PETITIONER (BY SRI. PRADEEP PATIL., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY THE PRINCIPAL SECRETARY HOME DEPARTMENT VIDHANA SOUDHA BENGALURU-560 001 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 CORRECTIONAL SERVICES NO. 9 SHESHADRI ROAD, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:33862 WP No. 19648 of 2026 GANDHI NAGAR BENGALURU-560 009 4. THE CHIEF SUPERINTENDENT CENTRAL PRISON, PARAPPANA AGRAHARA BENGALURU-560 100 … RESPONDENTS THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO 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 PRISONER NO. 8347 GIRISHA @ THAMMAIAH S/O HULIYAPPA FOR PREMATURE RELEASE IN TERMS OF THE ANNEXURE-A 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- Girisha@Thammaiah (CTP.No.8347) 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 prisoner No. 8347 Girisha @ Thammaiah S/o Huliyappa for premature release in terms of the Annexure-A. - 3 - HC-KAR NC: 2026:KHC:33862 WP No. 19648 of 2026 b. Issue a Writ, Order or direction in the nature of mandamus to the Respondents to release the Prisoner No. 8347 Girisha @ Thammaiah S/o Huliyappa on parole till the decision of the Government 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 offences under Section 376(2)(f) of IPC in S.C.No.27/2012 by the Principal District and Sessions Judge, Chikkamagaluru and on 17.01.2013, the detenu had been sentenced for life imprisonment. 3. The petitioner 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), I am of the considered opinion that the detenu can be released on parole subject to the decision of the LCRC. 4. 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, I pass the following: - 4 - HC-KAR NC: 2026:KHC:33862 WP No. 19648 of 2026 ORDER i) The Writ Petition is partly allowed. ii) Respondent No.4 is directed to release the detenu-Girisha@Thammaiah (CTP.No.8347) on parole for a period of 90 days commencing from 20.07.2026 with usual conditions and/or the decision of the LCRC whichever is earlier. iii) In the event of the LCRC approving the premature release, then the parole shall continue until approval by the appropriate Authorities. iv) In the event of the LCRC rejecting the recommendation of the Advisory Board, the detenu would have to surrender to the jail authorities within 15 days of such rejection. SD/- (SURAJ GOVINDARAJ) JUDGE KTY List No.: 2 Sl No.: 48