- 1 - HC-KAR NC: 2026:KHC:3080 WP No. 35536 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 35536 OF 2025 (GM-POLICE) BETWEEN: JABINA W/O ABDUL RAZAQ, SISTER OF WAZEER AHMED (CTP- 3546) AGED ABOUT 48 YEARS, R/AT NO.4, FIRST FLOOR, SHIVA REDDY LAYOUT, NEAR KALAIRASAN HOUSE, ADJUSTED TO DOCTOR LAYOUT, NAGANATHAPURA, ELECTRONIC CITY P.O. BENGALURU-560100. …PETITIONER (BY SRI. SIRAJUDDIN AHMED.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HOME, Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:3080 WP No. 35536 of 2025 VIDHANA SOUDHA, BENGALURU-560001. 2. THE CHIEF SUPERINTENDENT CENTRAL PRISON, PARAPPANA AGRAHARA, BENGALURU-560100. 3. THE DIRECTOR GENERAL OF POLICE, AND INSPECTOR GENERAL OF POLICE, KARNATAKA PRISON AND CORRECTIONAL SERVICES, BENGALURU-560100. 4. THE ADVISORY BOARD, REPRESENTED BY ITS CHAIRMAN, KARNATAKA PRISON AND CORRECTIONAL SERVICES, BENGALURU-560100. 5. THE LIFE CONVICTS RELEASE COMMITTEE, REPRESENTED BY ITS CHAIRMAN, PRINCIPAL SECRETARY, DEPARTMENT OF HOME, BENGALURU-560001. …RESPONDENTS (BY SRI.B.RAVINDRANATH, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED PROCEEDINGS OF ADVISORY BOARD DATED - 3 - HC-KAR NC: 2026:KHC:3080 WP No. 35536 of 2025 09.07.2025 PRODUCED AS ANNX-D STRICTLY IN TERMS OF THE PREMATURE RELEASE POLICY HD 1215 PRA 2025 [BAA-1] 07.09.25 WHICH WAS IN FORCE ON THE DATE OF CONVICTION OF PETITOINER AND DIRECT THE R1-5 TO RELEASE THE PETITIONER WAZEER AHMED CTP 3546 TILL THE FINAL DECISION IS TAKEN ON PREMATURE RELEASE BY THE R.1-R5. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioner's brother is sentenced to life imprisonment for the offence punishable under Section 302 of IPC in SC No.567/2009. The petitioner was in prison as an under trial prisoner from 31.12.2008 and as a convict with the conviction on 24.08.2010. The petitioner has been in prison for over 18 years and his request for grant of premature release has been considered by the Advisory Board only to recommend rejection because of the pending - 4 - HC-KAR NC: 2026:KHC:3080 WP No. 35536 of 2025 proceedings in SC No.960/2022 for the offences punishable under Sections 75, 341, 342, 346(A), 395, 201 and 120(b) of IPC. This Court on 13.01.2026 has called upon Sri.B.Ravindranath, the learned Additional Government Advocate, to respond on why this Court must not consider permitting the benefit of premature release to the petitioner subject to the condition that he shall be so released only if he is admitted to bail in the aforesaid proceedings. Sri.B.Ravindranath submits, on instructions, that the Advisory Board's recommendation to reject the petitioner's application for premature release is only because of pending proceedings and this Court could direct the respondents to release the petitioner or to prematurely release the petitioner if he is admitted to bail in the pending proceedings. As it remains undisputed that the petitioner is qualified for the benefit of premature release but he - 5 - HC-KAR NC: 2026:KHC:3080 WP No. 35536 of 2025 has not been extended such benefit because of the pending proceedings, this Court is persuaded to accept the submission on behalf of the respondents and dispose of the petition by the following: ORDER The petition is allowed in part directing the respondents, notwithstanding the Advisory Board's recommendation, to prematurely release the petitioner if he is granted bail in the pending proceedings in SC No.960/2022 [Cr.No.73/ 2021]. Sd/- (B M SHYAM PRASAD) JUDGE SA ct:sr