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2026 DAILYLAW 35937 (KAR)

SMT R BABY v. THE STATE OF KARNATAKA

WP/25964/2026 · 2026-08-19

Suraj Govindaraj

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010573112026 NC: 2026:KHC:44876 WP No. 25964 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 25964 OF 2026 (GM-POLICE) BETWEEN: 1. SMT R BABY W/O P.A RAJA, AGED ABOUT 56 YEARS R/AT NO.86, 1ST FLOOR, 6TH CROSS, 24TH MAIN, AGARA VILLAGE, HSR LAYOUT, BENGALURU-560 102. PETITIONER IS THE SISTER OF THE CONVICT PRISONER NO 19344 THACHAMANDA T. KARIYAPPA CURRENTLY SERVING SENTENCE IN CENTRAL PRISON, MYSORE … 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, GANDHI NAGAR BENGALURU-560 009 Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010573112026 NC: 2026:KHC:44876 WP No. 25964 of 2026 4. THE CHIEF SUPERINTENDENT CENTRAL PRISON, MYSORE-570 007 … RESPONDENTS (BY SMT. SARITHA KULKARNI, AGA) 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 RESPONDENTS TO RELEASE THE PRISONER NO.19344 THACHAMANDA T.KARIYAPPA @ RAJA S/O LATE THIMMAIAH ON PAROLE TILL THE DECISION OF THE GOVERNMENT. 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 sister of detenu- Thachamanda T. Kariappa (CTP.No.19344) 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 release the prisoner No.19344 Thachamanda T. Kariyappa @ Raja S/o Late Thimmaiah on parole till the decision of the Government in the interest of justice and equity. b. 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 302 and 307 of IPC in S.C.No.62/2015 by the Prl. District and Sessions Judge, Kodagu-Madikeri on - 3 - HC-KAR CNR: KAHC010573112026 NC: 2026:KHC:44876 WP No. 25964 of 2026 16.01.2018, 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: ORDER i. The Writ Petition is partly allowed. ii. Respondent No.4 is directed to release the detenu-Thachamanda T. Kariappa (CTP.No.19344) on parole for a period of 90 days commencing from 01.09.2026 with usual - 4 - HC-KAR CNR: KAHC010573112026 NC: 2026:KHC:44876 WP No. 25964 of 2026 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 SR List No.: 2 Sl No.: 7