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2026 DAILYLAW 36378 (KAR)

SMT. GIRIJA v. THE STATE OF KARNATAKA

WP/25583/2026 · 2026-08-17

Suraj Govindaraj

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010565212026 NC: 2026:KHC:43747 WP No. 25583 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 25583 OF 2026 (GM-POLICE) BETWEEN: 1. SMT. GIRIJA W/O TUKRA, AGED ABOUT 63 YEARS R/AT HERAVANADU VILLAGE, MADIKERI TALUK, KODAGU-571 201. PETITIONER IS THE SISTER OF THE CONVICT PRISONER NO 18857 H.C GURUVA 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 Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010565212026 NC: 2026:KHC:43747 WP No. 25583 of 2026 NO. 9 SHESHADRI ROAD, GANDHI NAGAR BENGALURU-560 009 4. THE CHIEF SUPERINTENDENT CENTRAL PRISON, MYSORE-570 007 … RESPONDENTS (BY SRI. PANINI A.H., AGA) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A. ISSUE A WRIT, ORDER OR DIRECTION IN THE NATURE OF MANDAMUS TO THE RESPONDENTS TO RELEASE THE PRISONER NO.18857 H. C. GURUVA S/O LATE CHENNA ON PAROLE TILL THE DECISION OF THE GOVERNMENT IN THE INTEREST OF JUSTICE AND EQUITY 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 sister of H.C. Guruva S/o. Late Chenna (CTP 18857) 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.18857 H.C.Guruva S/o Late Chenna 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 - 3 - HC-KAR CNR: KAHC010565212026 NC: 2026:KHC:43747 WP No. 25583 of 2026 the case together as to costs in the interest of justice." 2. The detenu had been convicted for offences under Sections 376 and 506 of IPC in S.C.No. 66/2011 by the District and Sessions Judge, Kodagu-Madikeri and on 20.12.2012, the detenu had been sentenced for life imprisonment. The detenu had earlier been granted Court parole for 5 months 20 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. 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 CNR: KAHC010565212026 NC: 2026:KHC:43747 WP No. 25583 of 2026 ORDER i) The Writ Petition is partly allowed. ii) Respondent No.4 is directed to release the detenu- H.C. Guruva S/o. Late Chenna (CTP No. 18857) on parole for a period of 90 days commencing from 24.08.2026 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 VP