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2026 DAILYLAW 28433 (KAR)

SRI. MANJUNATH v. THE STATE OF KARNATAKA

WP/19596/2026 · 2026-07-06

Suraj Govindaraj

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:33863 WP No. 19596 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. 19596 OF 2026 (GM-POLICE) BETWEEN: 1. SRI. MANJUNATH S/O BIRAPPA AGED ABOUT 56 YEARS, R/AT HANUMANTHEGOWDANA PALYA, GUNDENAHALLI, KOLLALAGATTA, NELAMANGALA TALUK, BENGALURU RURAL-562 132 THE PETITIONER IS THE BROTHER OF THE CONVICT PRISONER NO.4485 SOMAPPA, S/O BHIMAPPA TALAVAR WHO IS SERVING LIFE SENTENCE IN VIJAYAPURA CENTRAL PRISON … PETITIONER (BY SRI. PRATHAP S S., 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:33863 WP No. 19596 of 2026 GANDHI NAGAR BENGALURU-560 009 4. THE SUPERINTENDENT CENTRAL PRISON, VIJAYAPURA-586 103 … RESPONDENTS 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 RESPONDENT 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 CONVICT PRISONER NO. 4485 SOMAPPA S/O BHIMAPPA TALAVAR FOR PREMATURE RELEASE IN TERMS OF THE ANNEXURE-A AND EC. 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 brother of the detenu- Somappa (CTP.No.4485) 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 Convict prisoner No. 4485 Somappa S/o Bhimappa Talavar for premature release in terms of the Annexure-A. - 3 - HC-KAR NC: 2026:KHC:33863 WP No. 19596 of 2026 b. Issue a Writ, Order or direction in the nature of mandamus to the Respondents to release the Convict prisoner No. 4485 Somappa S/o Bhimappa Talavar 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 Sections 498(A), 304(B), 302 of IPC and 3, 4, 6 of DP Act in S.C.No.6/2010 by the Principal District and Sessions Judge, Bagalkot and on 01.02.2011, the detenu had been sentenced for life imprisonment. The detenu had earlier been granted Court parole for a period of 10 months and 27 days. 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 - HC-KAR NC: 2026:KHC:33863 WP No. 19596 of 2026 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: ORDER i) The Writ Petition is partly allowed. ii) Respondent No.4 is directed to release the detenu-Somappa (CTP.No.4485) 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 - 5 - HC-KAR NC: 2026:KHC:33863 WP No. 19596 of 2026 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.: 44