- 1 - HC-KAR NC: 2026:KHC:22456 WP No. 13009 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 13009 OF 2026 (GM-POLICE) BETWEEN: SRI MANJUNATH S/O BIRAPPA AGED ABOUT 56 YEARS R/AT HANUMANTHEGOWDANA PALYA GUNDENAHALLI, KOLLALAGATTA NELAMANGALA TALUK BENGALURU RURAL - 562 132. …PETITIONER (BY SRI PRADEEP PATIL, ADV.) 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 - 560 001. 3. THE DIRECTOR GENERAL OF POLICE PRISONS AND CORRECTIONAL SERVICES NO.9 SHESHADRI ROAD, GANDHI NAGAR BENGALURU - 560 009. 4. THE CHIEF SUPERINTENDENT CENTRAL PRISON, VIJAYAPURA - 586 103. …RESPONDENTS (BY SRI VIKAS ROJIPURA, AGA FOR R-2 TO R-4) Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:22456 WP No. 13009 of 2026 THIS W.P. 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 RESPONDENT NO 1 AND 2, TO TAKE A DECISION ON PREMATURE RELEASE RECOMMENDATION MADE BY THE LCRC COMMITTEE INSOFAR AS CONVICT PRISONER NO 4485 SOMAPPA S/O BHIMAPPA TALAVAR AS EXPEDIOUSLY POSSIBLE. 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 1. The captioned writ petition is instituted by the brother of the convict, namely, Somappa, S/o Bhimappa Talavar (CTP No.4485), who is presently undergoing sentence pursuant to the judgment of conviction and order of sentence passed in S.C.No.6/2010 by the Court of the Principal District and Sessions Judge, Bagalkot, for the offences punishable under Sections 498-A, 304-B and 302 of the Indian Penal Code, 1860, and Sections 3, 4 and 6 of the Dowry Prohibition Act, 1961. 2. The gist of the petitioner’s grievance is that the case of the said convict has already been considered by the Life Convicts Review Committee (LCRC), which, upon due evaluation, has recommended the name of the convict for premature release. Notwithstanding such recommendation, - 3 - HC-KAR NC: 2026:KHC:22456 WP No. 13009 of 2026 respondent No.2 has not taken any final decision in the matter. Alleging inaction and administrative delay, the present writ petition is filed seeking issuance of a writ in the nature of mandamus to direct respondent No.2 to act upon the recommendation of the LCRC. 3. Learned counsel appearing for the petitioner, placing reliance on the order passed by a Co-ordinate Bench of this Court in Venkatesh vs. State of Karnataka and Others in W.P. No.17178/2025 dated 11.11.2025, would contend that in identical circumstances, this Court has granted interim relief by directing release of the convict on parole pending consideration of the recommendation by the competent authority. He would submit that the present case stands on similar footing and therefore, the detenue is entitled to be enlarged on parole till a final decision is taken by respondent No.2. 4. Per contra, learned Additional Government Advocate, on instructions, submits that the recommendation made by the LCRC is under active consideration and that respondent No.2 - 4 - HC-KAR NC: 2026:KHC:22456 WP No. 13009 of 2026 would take an appropriate decision in accordance with law, if reasonable time is granted by this Court. 5. Having given anxious consideration to the rival submissions and on perusal of the material on record, this Court finds that the recommendation of the LCRC in favour of the convict is not in dispute. This Court has, in a catena of decisions, consistently held that once a competent Review Committee recommends a case for premature release, the competent authority is required to take a decision with promptitude and cannot keep the matter pending indefinitely. Further, in similar fact situations, this Court has deemed it appropriate to grant interim relief by directing release of the convict on parole, pending final decision of the Government. 6. In the facts of the present case, this Court is of the considered view that the petitioner has made out a prima facie case warranting interference. The continued inaction on the part of respondent No.2, despite a favourable recommendation by the LCRC, justifies issuance of appropriate directions. Consequently, the detenue is entitled to be released on general - 5 - HC-KAR NC: 2026:KHC:22456 WP No. 13009 of 2026 parole, subject to usual conditions, pending consideration of his case for premature release. 7. For the foregoing reasons, this Court proceeds to pass the following: ORDER (i) The writ petition is hereby allowed. (ii) Respondent No.2 is directed to forthwith consider the recommendation made by the Life Convicts Review Committee (LCRC) in respect of Convict No.4485 – Somappa, S/o Bhimappa Talavar. (iii) Respondent No.2 shall take a final decision in accordance with law, with utmost expedition and, in any event, within a reasonable period. (iv) Pending such consideration, respondent No.3 is directed to release Convict No.4485 – Somappa, S/o Bhimappa Talavar, on general parole, subject to the following conditions: - 6 - HC-KAR NC: 2026:KHC:22456 WP No. 13009 of 2026 (a) The convict shall mark his attendance before the jurisdictional Police Station once every week during the parole period. In the event of failure to surrender upon expiry of the parole period, the jurisdictional police shall take necessary steps to secure the convict and commit him back to prison in accordance with law. (b) The convict shall maintain exemplary conduct during the period of parole and shall not involve himself in any criminal activity or offence of any nature. (c) The competent prison authorities shall insist upon execution of appropriate bonds and sureties, and may impose such additional conditions as are ordinarily stipulated to ensure the convict’s timely surrender. (d) The convict shall keep the prison authorities informed of his place of stay and movements, as - 7 - HC-KAR NC: 2026:KHC:22456 WP No. 13009 of 2026 and when required, and shall strictly adhere to all conditions imposed. (v) The Registry is directed to forthwith communicate this order to the concerned prison authorities for immediate compliance. (vi) It is made clear that the release on parole granted under this order is purely interim in nature and shall abide by the final decision to be taken by respondent No.2 on the recommendation of the LCRC. (vii) Needless to observe that the convict shall strictly adhere to all conditions imposed while on parole, failing which the authorities are at liberty to take action in accordance with law. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE DN List No.: 1 Sl No.: 17