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2026 DAILYLAW 36692 (KAR)

SMT JAYAMMA v. THE STATE OF KARNATAKA

WP/25992/2026 · 2026-08-19

Suraj Govindaraj

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010575832026 NC: 2026:KHC:44889 WP No. 25992 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. 25992 OF 2026 (GM-POLICE) BETWEEN: SMT JAYAMMA D/O MANJAPPA LATE, AGED 75 YEARS R/AT ASHWATH NAGAR, BEHIND GOVERNMENT HOSPITAL, BHADRAVATHI, SHIVAMOGGA DIST-577301. THE PETITIONER IS THE MOTHER IN-LAW OF CONVICT PRISONER NO 1970 KUMARA @ KULDA WHO IS SERVING LIFE SENTENCE IN CENTRAL PRISON SHIVAMOGGA. …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 VIDHANA SOUDHA BENGALURU-560001 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: KAHC010575832026 NC: 2026:KHC:44889 WP No. 25992 of 2026 NO. 9 SHESHADRI ROAD, GANDHI NAGAR BENGALURU-560009 4. THE CHIEF SUPERINTENDENT CENTRAL PRISON, SHIVAMOGGA-577222 …RESPONDENTS (BY SRI. PANINI.A.H., AGA) THIS WRIT PETITION 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 ANNX-A AND BE FURTHER PLEASED TO DIRECT THE RESPONDENTS TO CONSIDER THE CASE OF THE PRISONER NO. 1970 KUMARA ALIAS KULDA S/O PARASHURAMAPPA FOR PREMATURE RELEASE IN TERMS OF THE ANNX-A AND ETC. THIS WRIT 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 mother-in-law of the detenu-Kumara @ Kulda (CTP No.01970) 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 1970 Kumara @ Kulda S/o Parashuramappa 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 - 3 - HC-KAR CNR: KAHC010575832026 NC: 2026:KHC:44889 WP No. 25992 of 2026 Prisoner No 1970 Kumara @ Kulda S/o Parashuramappa 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. Learned AGA on instructions submits that the remission of the Petitioner has been recommended by the Advisory Board and subsequently by the LCRC. The Cabinet also having approved the premature release, the matter is pending before his excellency the Governor of Karnataka. 3. In that view of the matter, it being clear that remission has been allowed and it is only the formal process which is required to be completed, I pass the following: ORDER i. The Writ Petition is partly allowed. ii. Respondent No.4 is directed to release the detenu- Kumara @ Kulda (CTP No.01970) on parole for a period of 90 days commencing from 01.09.2026 with usual conditions and/or the decision of the competent Authority whichever is earlier. iii. In the event of the competent Authority approving the premature release, then the - 4 - HC-KAR CNR: KAHC010575832026 NC: 2026:KHC:44889 WP No. 25992 of 2026 parole shall continue until approval by the appropriate Authorities. iv. In the event of the competent Authority rejecting the recommendation of the Advisory Board, the detenu would have to surrender to the jail authorities within 15 days of such rejection. v. Registry is directed to communicate the above order through the E-Prison module. Sd/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 2 Sl No.: 13