- 1 - HC-KAR NC: 2026:KHC:21362 WP No. 31303 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 31303 OF 2025 (GM-POLICE) BETWEEN: 1. ANITHA SRINIVAS W/O SRINIVAS .N AGED ABOUT 46 YEARS R/AT, NO.19 AND 20, 3RD CROSS, KUVEMPUNAGAR DODDAKALLASANRA, BENGALURU-560062. …PETITIONER (BY SRI. PRATHEEP.K.C, ADVOCATE) AND: 1. STATE OF KARNATAKA BY THE PRINCIPAL SECRETARY (PCAS) HOME DEPARTMENT VIDHANA SOUDHA BANGALORE - 560001. 2. THE DEPUTY COMMISSIONER BANGALORE URBAN DISTRICT KG ROAD, BEHIND KANDAYA BHAVANA BENGALURU - 560009. 3. THE DIRECTOR GENERAL OF POLICE PRISON AND CORRECTIONAL SERVICES NO.9, SHESHADRI ROAD GANDHI NAGAR, BENGALURU-09. 4. THE CHIEF SUPERINTENDENT CENTRAL PRISON Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:21362 WP No. 31303 of 2025 PARAPPANA AGRAHARA ELECTRONIC CITY POST BENGALURU-100. …RESPONDENTS (BY SRI. VIKAS ROJIPURA, AGA FOR R1 TO R4) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED COMMUNICATION DATED 20-8-2025 BEARING NO. M.A.G (4)/MIS/CR/278/23-24 ISSUED BY RESPONDENT NO. 2 VIDE ANNEXURE-A 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 SACHIN SHANKAR MAGADUM ORAL ORDER Heard the learned counsel appearing for the petitioner and the learned Additional Government Advocate for the respondents. Perused the material on record. 2. The petitioner, who is the wife of a life convict in S.C. No.99/2007, is before this Court calling in question the impugned communication dated 20.08.2025 bearing No.M.A.G(4)/mis/CR/278/23-24 issued by the second respondent, whereby the request seeking premature - 3 - HC-KAR NC: 2026:KHC:21362 WP No. 31303 of 2025 release of the convict on medical grounds has been declined solely on the premise that the convict has undergone only eight (8) years of sentence as against life imprisonment. 3. On a careful examination of the records, it is forthcoming that the petitioner’s husband, who is undergoing sentence, is a patient diagnosed with HIV and is now stated to be additionally afflicted with tuberculosis (TB), as evidenced from the medical records produced at Annexure–“E”. It is also borne out from the records that in an earlier round of litigation, this Court had taken note of the convict being HIV positive. The subsequent medical material now placed on record discloses a further deterioration in his health condition, indicating that he is suffering from a co-infection of HIV and tuberculosis. 4. The grievance of the petitioner is that though an application was submitted seeking remission/premature release on compelling medical grounds, the competent - 4 - HC-KAR NC: 2026:KHC:21362 WP No. 31303 of 2025 authority has rejected the same by applying a rigid yardstick of minimum period of incarceration, without adverting to the exceptional circumstances arising out of the serious and deteriorating medical condition of the convict. 5. In the considered view of this Court, the approach adopted by the respondents in rejecting the application solely on the ground of the convict having completed only eight years of sentence, without examining the case in the light of the statutory scheme governing release of sick prisoners, cannot be sustained. Rule 68 of the Karnataka Prison Rules, 1974 (herein after “Rules 1974)” contemplates release of a prisoner who is dangerously ill, if in the opinion of the Medical Officer, the illness is likely to be aggravated on account of continued detention in prison. Rule 69 of Rules 1974, further complements the said provision by prescribing the procedure to be followed in such cases. - 5 - HC-KAR NC: 2026:KHC:21362 WP No. 31303 of 2025 6. This Court cannot be oblivious to the ground realities prevailing within prison administration. The authorities are expected to adopt a pragmatic and humane approach, particularly in cases involving serious medical conditions. In the present case, the convict is not only suffering from HIV but is also afflicted with tuberculosis, as borne out from the medical records. While the deteriorating health condition poses a serious and imminent threat to his own life, it equally raises concerns from the standpoint of public health within the prison system, inasmuch as tuberculosis is a communicable disease capable of spreading in a confined environment. Therefore, the jail authorities are required to balance both considerations, namely, the right of the convict to adequate medical care and dignity, and the obligation to safeguard the health of other inmates and take a considered decision in a practical and pragmatic manner while examining the case under the relevant provisions of the Rules, 1974. - 6 - HC-KAR NC: 2026:KHC:21362 WP No. 31303 of 2025 7. Having regard to the material placed on record, which prima facie indicates that the convict is suffering from HIV and tuberculosis, this Court is of the view that the case of the petitioner’s husband requires immediate reconsideration strictly in terms of Rules 68 and 69 of Rules, 1974. The competent authorities are required to undertake a fresh assessment of the medical condition of the convict, build up comprehensive medical records, and place the same before the Life Convict Release Committee (LCRC) for appropriate consideration. 8. In that view of the matter, this Court proceeds to pass the following: ORDER (i) The writ petition is allowed. (ii) Respondent Nos.2 and 3 are hereby directed to forthwith secure and compile complete and updated medical records of the petitioner’s husband (convict), - 7 - HC-KAR NC: 2026:KHC:21362 WP No. 31303 of 2025 and upon due evaluation, recommend the case to the Life Convict Release Committee (LCRC) strictly in terms of Rules 68 and 69 of the Karnataka Prison Rules, 1974. (iii) The aforesaid exercise shall be completed by respondent Nos.2 and 3 within a period of three (3) weeks from the date of receipt of a certified copy of this order. (iv) Upon receipt of such recommendation, the Life Convict Release Committee (LCRC) shall consider the case of the petitioner’s husband for remission/premature release, in accordance with law, within a further period of six (6) weeks thereafter. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE ALB List No.: 1 Sl No.: 68