- 1 - HC-KAR NC: 2026:KHC:19966 WP No. 9003 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 9003 OF 2026 (GM-POLICE) BETWEEN: SRI VENKATESH S/O ALLAPPA POOJARA AGED 27 YEARS, R/AT N JARAKUNTI MATANDINNI POST KOPPALA DIST - 583237 THE PETITIONER IS THE BROTHER OF THE CONVICT PRISONER NO. 1061 HANUMANTHAPPA WHOS IS SERVING LIFE SENTENCE IN OPEN PRISON DEVANAHALLI …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 Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:19966 WP No. 9003 of 2026 3. THE DIRECTOR GENERAL OF POLICE PRISONS AND CORRECTIONAL SERVICES NO.9 SHESHADRI ROAD, GANDHI NAGAR BENGALURU - 560009 4. THE SUPERINTENDENT OPEN PRISON, DEVANAHALLI - 562164. …RESPONDENTS (BY SRI. VIKAS ROJIPURA, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO 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. 1061 HANUMANTHAPPA S/O BALLAPPA POOJARI FOR PREMATURE RELEASE IN TERMS OF THE ANNX-A. DIRECTION IN THE NATURE OF MANDAMUS TO THE RESPONDENTS TO RELEASE THE PRISONER NO. 1061 HANUMANTHAPPA S/O BALLAPPA POOJARI ON PAROLE TILL THE DECISION OF THE GOVERNMENT. 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 The captioned petition is filed seeking a writ in the nature of mandamus directing the respondents to act strictly in compliance of notification bearing No.HD 119 - 3 - HC-KAR NC: 2026:KHC:19966 WP No. 9003 of 2026 PRA 2018, Bengaluru, and further direct the respondents to consider the case of the prisoner No. 1061 (Hanumanthappa) for premature release in terms of Annexure-A. 2. Heard the learned counsel for the petitioner and the learned AGA. Perused the records. 3. The petitioner's brother was convicted for the offence punishable under Section 302 of Indian Penal Code, 1860 and is undergoing sentence for life and has completed more than 14 years including remission and therefore petitioner moved an application seeking remission. The records reveal that the respondents have already placed the petitioner's application before the advisory board. 4. Learned AGA, on instructions, submits that the advisory board is likely to have a scheduled meeting shortly. As rightly pointed out by the petitioner's counsel, the Hon'ble Apex Court has issued several directions in - 4 - HC-KAR NC: 2026:KHC:19966 WP No. 9003 of 2026 SLP(Crl)No.529/2021 calling upon the respective High Courts to constitute a committee to monitor and supervise implementation of remission and premature release policies of the respective States. The directions are specific, indicating that States have to comply the orders, which is inclusive of undertaking the exercise of consideration at least six (6) months prior to the eligibility of convict, so that unwanted time by way of incarceration even after convict becomes eligible for premature release can very well be avoided. 5. In the case on hand, the material placed on record unmistakably indicates that the petitioner’s brother has already undergone the sentence of life imprisonment in substantial compliance with the statutory requirements and has, in fact, crossed the threshold of eligibility for consideration of pre-mature release in terms of the applicable remission policy/guidelines. Notwithstanding such eligibility, he - 5 - HC-KAR NC: 2026:KHC:19966 WP No. 9003 of 2026 continues to remain incarcerated without his case being placed before the competent Advisory Board for consideration. This prolonged incarceration, despite eligibility, cannot be countenanced and runs contrary to the mandate of fair procedure implicit under Article 21 of the Constitution of India. It is in this backdrop that this Court is persuaded to issue appropriate directions to ensure that the detenue’s case is considered in accordance with law and within a reasonable timeframe. 6. For the foregoing reasons and in the peculiar facts and circumstances of the case, this Court proceeds to pass the following: ORDER (i) The writ petition is allowed. - 6 - HC-KAR NC: 2026:KHC:19966 WP No. 9003 of 2026 (ii) The respondents are directed to forthwith place the case of the petitioner’s brother for pre- mature release before the Advisory Board in its ensuing meeting. The Advisory Board shall consider the case of the detenue strictly in accordance with the applicable Government Orders, remission policy, and guidelines, and take a decision, expeditiously, preferably within an outer limit of eight (8) weeks from the date of receipt of a certified copy of this order. (iii) Pending such consideration, respondent No.4 is directed to release the detenue namely Hanumanthappa, Prisoner No.1061, on parole for a period of ninety (90) days, subject to the following conditions: (a) The detenue shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties for - 7 - HC-KAR NC: 2026:KHC:19966 WP No. 9003 of 2026 the like sum to the satisfaction of the jurisdictional prison authorities; (b) The detenue shall not leave the territorial jurisdiction of the District concerned without prior permission of the jurisdictional police; (c) The detenue shall mark his attendance once in a week, preferably on every Sunday between 10.00 a.m. and 2.00 p.m., before the jurisdictional Police Station; (d) The detenue shall not, in any manner, indulge in any criminal activity or associate with persons having criminal antecedents; (e) The detenue shall maintain peace and good behaviour during the period of parole; (f) The detenue shall furnish his residential address and mobile number to the jurisdictional police and shall keep the same active at all times; (g) On expiry of the parole period, the detenue shall surrender before the prison authorities - 8 - HC-KAR NC: 2026:KHC:19966 WP No. 9003 of 2026 without fail, unless the parole is extended in accordance with law; (h) In the event of violation of any of the above conditions, the respondents are at liberty to recall the parole and take the detenue into custody forthwith, in accordance with law. Ordered accordingly. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE ALB List No.: 1 Sl No.: 78