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2026 DAILYLAW 5701 (KAR)

SRI CHANNAPPA S/O DHAREPPA MUTNAL v. THE UNION OF INDIA

WP/101049/2026 · 2026-02-10

Lalitha Kanneganti

Transfer Petitionbody2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC-D:1975 WP No. 101049 of 2026 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 10TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO.101049 OF 2026 (GM-POLICE) BETWEEN: SRI CHANNAPPA S/O. DHAREPPA MUTNAL, AGED 40 YEARS, R/AT ITNAL, RAYBAG TALUK, BELAGAVI-591 235 SERVING LIFE SENTENCE IN CENTRAL PRISON, CTP NO.2244 BELAGAVI CURRENTLY ON PAROLE. …PETITIONER (BY SRI. PRATHAP S.S., ADVOCATE (ABSENT)) AND: 1. THE UNION OF INDIA, REP BY THE UNDER SECRETARY (JUDICIAL WING) GOVERNMENT OF INDIA, MINISTRY OF HOME AFFAIRS, HALL NO.17, 2ND FLOOR, MAJOR DHYAN CHAND NATIONAL STADIUM, INDIA GATE, NEW DELHI-110 002. 2. THE STATE OF KARNATAKA, BY THE PRINCIPAL SECRETARY, HOME DEPARTMENT, VIDHANA SOUDHA, BENGALURU-560001. YASHAVANT NARAYANKAR Digitally signed by YASHAVANT NARAYANKAR Date: 2026.02.12 10:48:33 +0530 - 2 - HC-KAR NC: 2026:KHC-D:1975 WP No. 101049 of 2026 3. THE DIRECTOR GENERAL OF POLICE PRISONS AND CORRECTIONAL SERVICES NO.9 SHESHADRI ROAD, GANDHI NAGAR, BENGALURU-560009. 4. THE CHIEF SUPERINTENDENT, CENTRAL PRISON, BELAGAVI-591108. …RESPONDENTS (BY SMT. GIRIJA S.HIREMATH, HCGP FOR R2 TO R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING TO; A. ISSUE A WRIT, ORDER OR DIRECTION IN THE NATURE OF MANDAMUS TO THE RESPONDENT NO.3 TO TAKE A DECISION ON THE RECOMMENDATION AS PER GOVERNMENT ORDER NO.HD/119/PR-2018 DATED 21-04-2020 MADE BY THE LCR COMMITTEE PRODUCED AS ANNEXURE-C1. B. ISSUE A WRIT, ORDER OR DIRECTION IN THE NATURE OF MANDAMUS TO THE RESPONDENTS TO RELEASE THE PETITIONER ON PAROLE TILL THE PREMATURE RELEASE OF THE LIFE CONVICT IN THE INTEREST OF JUSTICE. C. PASS SUCH OTHER ORDERS/ DIRECTIONS CONSIDERING THE FACTS AND CIRCUMSTANCES OF THE CASE TOGETHER AS TO COSTS IN THE INTEREST OF JUSTICE. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2026:KHC-D:1975 WP No. 101049 of 2026 ORAL ORDER The present writ petition if filed seeking the following prayer: “a. Issue a Writ, Order or direction in the nature of mandamus to the Respondent No.3 to take a decision on the recommendation as per Government order No.HD/119/PR-2018 Dtd: 21-04-2020 made by the LCR committee produced as Annexure-C1. b. Issue a Writ, Order or direction in the nature of mandamus to the Respondents to release the petitioner on parole till the premature release of the life convict in the interest of justice. c. Pass such other orders/ directions considering the facts and circumstances of the case together as to costs in the interest of justice.” 2. It is the case of the petitioner that, he was convicted in S.C. No.378/2021 for the offences punishable under Sections 302, 201 read with Section 134 of Indian Penal Code and Section 30 of the Arms Act. Then the petitioner questioned the same by filing Criminal Appeal No.2582/2013 and the same was dismissed on 17.11.2015. It is the case of the petitioner that, the State of Karnataka has issued guidelines to consider cases of premature release of life convicts serving sentence in the prison established in the State of Karnataka by Government Order dated - 4 - HC-KAR NC: 2026:KHC-D:1975 WP No. 101049 of 2026 21.04.2020. It is the case that, earlier the petitioner had filed WP No.106068/2025 to grant parole for a period of 60 days and the same was allowed. According to the petitioner, he has completed 14 years and 8 months of detention including remission and the authorities are not considering the case of the petitioner in the light of the Government Order dated 21.04.2020. 3. There is no representation on behalf of the petitioner. 4. Learned High Court Government Pleader appearing for respondent Nos.2 to 4 submits that, she will get instructions. 5. It is the case of the petitioner that, he is entitled for the benefit as per the proceedings of the Government of Karnataka dated 21.04.2020. The respondents ought to have considered the case of the petitioner in the light of the proceedings dated 21.04.2020. If the petitioner is entitled for the remission as per the proceedings dated 21.04.2020, that itself cannot be a ground for this Court to grant parole to the accused. If the accused requires the parole as per Rule 191 of the Karnataka Prison Rules, 1974, he can approach the authority. - 5 - HC-KAR NC: 2026:KHC-D:1975 WP No. 101049 of 2026 Hence, this Court cannot pass such an order. Accordingly, this Court is passing the following: ORDER (i) The writ petition is disposed of by directing the respondents No.3 and 4 to consider the case of the petitioner as per the proceedings of the Government of Karnataka dated 21.04.2020 and this exercise shall be completed within a period of 2 months from the date of receipt of the copy of the order. (ii) All I.As. in this writ petition shall stand closed. Sd/- JUSTICE LALITHA KANNEGANTI RH CT: UMD List No.: 1 Sl No.: 35