SRI. ASHWATHA NARAYANA REDDY v. THE STATE OF KARNATAKA
WP/8787/2026 · 2026-03-26
Sachin Shankar Magadum
Transfer Petitionbody2026
DailyLaw.ai
[ 2026 DAILYLAW 334 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 334 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:17565 WP No. 8787 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 8787 OF 2026 (GM-POLICE)
BETWEEN:
1. SRI. ASHWATHA NARAYANA REDDY S/O LATE ADI NARAYANAPPA AGED 70 YEARS R/AT 1-55, BOYALAPALLI VADIGEPALLI, ANANTPUR ANDHRA PRADESH - 515 241.
THE PETITIONER IS THE FATHER OF THE CONVICT PRISONER NO. 7716 RAJASHEKHARAREDDY 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 - 560001.
2. THE LIFE CONVICTS RELEASE COMMITTEE HOME DEPARTMENT
Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:17565 WP No. 8787 of 2026
VIDHANA SOUDHA BENGALURU - 560001.
REPRESENTED BY ITS CHAIRMAN
3. THE DIRECTOR GENERAL OF POLICE PRISONS AND CORRECTIONAL SERVICES NO.9, SHESHADRI ROAD, GANDHI NAGAR BENGALURU - 560009.
4. THE CHIEF SUPERINTENDENT CENTRAL PRISION PARAPPANA AGRAHARA BENGALURU - 560100.
…RESPONDENTS
(BY SRI. VIKAS ROJIPURA, AGA)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OR ODER 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 ANNX-A AND BE FURTHER PLEASED TO DIRECT THE RESPONDENTS TO CONSIDER THE CASE OF THE PRISONER NO. 7716 RAJASHEKHARREDDY S/O ASHWATHREDDY FOR PREMATURE RELEASE IN TERMS OF THE ANNX-A AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
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HC-KAR NC: 2026:KHC:17565 WP No. 8787 of 2026
ORAL ORDER
The captioned petition is filed seeking 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.7716 Rajashekharareddy S/o Ashwathreddy for premature release in terms of the Annexure-A. b. Issue a Writ, Order or direction in the nature of mandamus to the Respondents to release the Prisoner No.7716 Rajashekharareddy S/o Ashwathreddy 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 petitioner, who is the father of the detenue, is before this Court being aggrieved by the inaction on the part of the respondents in not considering the case of his
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HC-KAR NC: 2026:KHC:17565 WP No. 8787 of 2026
son for premature release. It is the specific case of the petitioner that the detenue has been convicted for the offences punishable under Sections 302 and 120(B) read with Section 34 of the Indian Penal Code in S.C. No.5023/2013 and is presently undergoing sentence. It is contended that the detenue has completed more than 11 years of actual imprisonment and, in all, has undergone more than 14 years and 3 months of detention including remission, thereby becoming eligible for consideration of premature release under the applicable Government policy.
3.
Learned counsel for the petitioner would vehemently contend that the detenue has maintained a satisfactory and unblemished conduct throughout the period of incarceration and that there are no adverse entries, complaints, or disciplinary proceedings recorded against him in the prison records. It is further submitted that the continued detention of the detenue, despite his eligibility, is arbitrary and contrary to the settled principles
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HC-KAR NC: 2026:KHC:17565 WP No. 8787 of 2026
governing premature release. Placing reliance on the
judgment rendered by a Coordinate Bench of this Court in W.P. No.17178/2025, learned counsel submits that in identical circumstances, this Court has directed the authorities to consider the case of the convict for premature release. On parity of reasoning, it is urged that the case of the petitioner’s son also requires to be considered in terms of the said judgment and appropriate directions be issued.
4. Per contra, learned Additional Government Advocate, on instructions, would submit that the detenue had submitted an application seeking premature release and that the same has already been placed before the Advisory Board. It is submitted that the Advisory Board, upon due consideration of the relevant materials, has approved the case of the detenue for premature release and that the matter is presently pending consideration before the Life Convicts Release Committee (LCRC) and
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HC-KAR NC: 2026:KHC:17565 WP No. 8787 of 2026
thereafter before the Government for passing appropriate orders.
5. In light of the aforesaid submissions and on perusal of the material on record, this Court is of the considered view that once the Advisory Board has approved the case of the detenue for premature release, the matter now awaits consideration by the Life Convicts Release Committee and the State Government. Having regard to the length of incarceration undergone by the detenue, coupled with the satisfactory conduct reported during his imprisonment, this Court deems it appropriate, in the peculiar facts and circumstances of the case, to direct that the detenue be enlarged on general parole pending final decision by the competent authorities on the question of premature release.
ORDER (i) The writ petition is hereby allowed;
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HC-KAR NC: 2026:KHC:17565 WP No. 8787 of 2026
(ii) The respondents are
directed to release the detenue, namely, Rajashekharreddy S/o Ashwathreddy (Convict Prisoner No.7716), on general parole forthwith, pending
consideration and final orders to be passed by the Life Convicts Release Committee and the State Government with regard to his premature release; (iii) The release on parole shall be subject to such usual terms and conditions as may be imposed by the competent authority in accordance with law. SD/- (SACHIN SHANKAR MAGADUM) JUDGE
CA List No.: 1 Sl No.: 73