Writ Petition No. 9829 of 2025 · The High Court · 2018
Case Details
- 1 - NC: 2025:KHC:14760 WP No. 9829 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 9829 OF 2025 (GM-POLICE) BETWEEN: SMT. THARA D/O MAHESHAPPA AGED ABOUT 37 YEARS NO.209, MUNIRAJU BUILDING, CHOKKASANDRA, T DASARAHALLI, BANGALORE-560057 SERVING SENTENCE IN BENGALURU CENTRAL PRISON, CTP NO.10282
Legal Reasoning
(BY SRI. PRADEEP PATIL., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY THE PRINCIPAL SECRETARY HOME DEPARTMENT VIDHANA SOUDHA BENGALURU-560001 Digitally signed by NAGAVENI Location: High Court of Karnataka …PETITIONER - 2 - NC: 2025:KHC:14760 WP No. 9829 of 2025 2. THE LIFE CONVICTS PREMATURE RELEASE COMMITTEE HOME DEPARTMENT VIDHANA SOUDHA BENGALURU-560001 REPRESENTED BY ITS CHAIRMAN 3. THE DIRECTOR GENERAL OF POLICE PRISONS AND CORRECTIONAL SERVICES NO.9, SHESHADRI ROAD, GANDHI NAGAR BENGALURU-560009 4. THE CHIEF SUPERINTENDENT CENTRAL PRISON, PARAPPANA AGRAHARA, ELECTRONIC CITY POST, BENGALURU-560100 (BY SRI. RAHUL CARIAPPA K.S., AGA) …RESPONDENTS THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-DIRECT THE RESPONDENTS TO BE PLEASED TO ACT IN STRICT COMPLIANCE OF THE NOTIFICATION DTD 21.04.2020 VIDE NO. HD 119 PRA 2018, PRODUCED AS ANNX-A AND BE FURTHER PLEASED TO DIRECT THE RESPONDENTS TO CONSIDER THE CASE OF THE PETITIONER FOR PREMATURE RELEASE IN TERMS OF THE ANNX-A AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC:14760 WP No. 9829 of 2025 CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner - the convict is at the doors of this Court seeking a direction for her release on grant of parole till a decision is taken by the Government on the premature release recommendation of the petitioner. 2. Heard the learned counsel Sri.Pradeep Patil, appearing for the petitioner and the learned Additional Government Pleader Sri.Rahul Cariappa K.S., appearing for the respondents. 3. The petitioner gets embroiled in a crime for offence punishable under Section 302 of the IPC. The Premature Release Advisory Board recommends the name of the petitioner for premature release from the prison. Therefore, the petitioner has now completed more than 10 years of imprisonment along with remission. The matter is pending before the State for a - 4 - NC: 2025:KHC:14760 WP No. 9829 of 2025 decision to be taken for premature release. In identical circumstances, the coordinate Bench of this Court following the order passed by this Court had passed the following: "3. The petitioner's case for premature release has been recommended by the Advisory Committee and is currently pending consideration before the Life Convicts Release Committee. The petitioner was previously released on general parole and surrendered on 01.08.2024. 4. In the identical circumstances, the Apex court in the case of RASHIDUL JAFAR @ CHOTA Vs. STATE ANR OF in W.P.(Criminal)No.336/2019 has directed as follows: PRADESH UTTAR & for premature "(i) All cases release of convicts undergoing imprisonment for life in the present batch of cases shall be considered in terms of the policy dated 1 August 2018, as amended, subject to the observations which are contained herein. The restriction that a life convict is not eligible for premature release until attaining the age of sixty years, which was introduced by the policy of 28 July 2021, stands deleted by the amendment dated 27 May 2022. Hence, no case for premature release shall be rejected on that ground; (ii) In the event that any convict is entitled to more liberal benefits by any of the amendments which have been brought about subsequent to the policy dated 1 August 2018, the case for the grant of premature release would be considered by granting benefit in terms of more liberal amended para/clause of the policies. All decisions of premature release of convicts, including those, beyond the present batch of cases would be entitled to such a beneficial reading of the policy; - 5 - NC: 2025:KHC:14760 WP No. 9829 of 2025 release convicts included undergoing (iii) In terms of para 4 of the policy dated 1 August 2018, no application is required to be submitted by a convict undergoing life imprisonment for premature release. Further, through amendment dated 28 July 2021, para life 3(i), which imprisonment who have not filed application for pre- mature the prohibited category, has specifically been deleted. Accordingly, all cases of convicts undergoing life sentence in the State of Uttar Pradesh who are eligible for being considered for premature release in terms of the policy, including but not confined to the five hundred and twelve prisoners the present batch of cases, shall be involved considered in terms of the procedure for premature release stipulated in the policy; in in (iv) The District Legal Services Authorities in the State of Uttar Pradesh shall take necessary steps in coordination with the jail authorities to ensure that all eligible cases of prisoners who would be entitled to premature release in terms of the applicable policies, as noticed above, would be duly considered and no prisoner, who is otherwise eligible for being considered, shall be excluded from consideration. (v) These steps to be taken by DLSAs would, include but not be limited to, Secretaries of DLSAs seeking status report on all prisoners undergoing life imprisonment in the prisons falling under their jurisdiction in terms of the format of table prepared in Annexure-A covering the details mentioned in para 13 of this judgment and ensuring its submission by relevant authorities within eight weeks of this order as well as on an annual basis. Further, DLSAs would utilize this status report to monitor and engage with respective authorities to ensure the implementation of our directions to ensure premature release in terms of applicable policies in all eligible cases of convicts undergoing life sentence on a continuous basis; (vi) The applications for premature release shall be considered expeditiously. Those cases which have already been processed and in respect of which reports have been submitted shall be concluded and final decisions intimated to the convict no later than within a period of one month from the date of this order. Cases of eligible life convicts who are (i) above the age of seventy years; or (ii) suffering from terminal ailments shall be - 6 - NC: 2025:KHC:14760 WP No. 9829 of 2025
Decision
taken up on priority and would be disposed of within a period of two months. The Uttar Pradesh State Legal Services Authority shall, within a period of two weeks, lay down the priorities according to which all other pending cases shall be disposed of. All other cases shall, in any event, be disposed of within a period of four months from the date of this order; and (vii) Where any convict undergoing life imprisonment has already been released on bail by the orders of this Court, the order granting interim bail shall continue to remain in operation until for premature release." the disposal of the application 5. In the identical circumstances the co-ordinate Bench of this Court by following the decision of the Apex Court in the case of RASHIDUL JAFAR (SUPRA) has issued a direction therein directed as follows: to respondent No.1-State "10. On a coalesce of what the Apex Court has considered in all the afore-quoted judgments, what would unmistakably emerge is that cases of life convicts who are entitled for consideration of their premature release, should be considered without any loss of time. In the case at hand, the Committee has not met for the last 8 months which has resulted in plethora of cases being filed before this Court seeking a mandamus only to place those applications before the committee in the ensuing meeting. When the meeting would ensue the State itself is not aware, as no concrete date is being divulged for the committee to meet. In the afore-said circumstances, I deem it appropriate to direct the State Government to henceforth direct the 2nd respondent/Committee to meet at least 6 times a year – once in two those application/s are months, considered at the right time on their individual merit and cases being filed only to place the application/s before the committee would be obviated. Till such time that the application of the petitioner would merit consideration before the committee, he would be entitled to be released on parole, in accordance with law, for a that so - 7 - NC: 2025:KHC:14760 WP No. 9829 of 2025 period that the Authorities of the jail would prescribe or till such time, the committee would meet and consider the case of the petitioner. 11. In view of the aforesaid reasons, the following: ORDER (i) Writ Petition is disposed. to issues A mandamus the 1st (ii) respondent-State to direct the Committee to meet on or before 10th April, 2023 and consider the case of the petitioner and the like, whose cases are placed before it, for for consideration remission/premature release. cases their of (iii) It is made clear that the State Government shall henceforth, direct the 2nd respondent/Committee to meet once in two months, in the light of the directions issued by the Apex Court in the cases referred to in the course of the order. (iv) The directions shall be adhered to from the 1st of April, 2023. The petitioner shall be considered for (v) his in release on general parole, accordance with law, till the committee meets and considers his application for his premature release. is Registry to (vi) The communicate the order to the Additional Chief Secretary, Department of Home Affairs, Karnataka, of Bengaluru for its compliance." Government directed The therein 6. the in petitioner accordance with law, till the committee meetings and the application for premature release. respondent for release on general parole therein considered - 8 - NC: 2025:KHC:14760 WP No. 9829 of 2025 7. The Co-ordinate Bench of this Court in its order dated 17.04.2023 clarified that the petitioner therein shall be released on parole forthwith, till his case is considered by the Committee. 8. The petitioner, who stands on similar footing, is also entitled to similar relief and has established a prima facie case for the granting of parole. Accordingly, I pass the following: ORDER a. The Writ Petition is allowed. b. Respondents are hereby directed to release the petitioner/convict on parole for a period of 90 days from the date of his release, subject to petitioner undertaking not to involve in unlawful activities during the parole. c. Respondents shall stipulate strict conditions as are usually stipulated to ensure the return of the detenue to the jail and the convict shall not commit any other offence during the period of parole. d. The Registry to communicate this order to respondents, by way of electronic mail, forthwith. directed is The petitioner is at liberty to seek extension e. of parole." 4. In the light of the fact that the petitioner's name has been recommended by the Advisory Board, is also the fact that the petitioner a lady who has a son of 11 years, I deem it - 9 - NC: 2025:KHC:14760 WP No. 9829 of 2025 appropriate to grant the petitioner general parole for a period of 90 days to become operational from 09.04.2025. 5. For the aforesaid reasons, the following: ORDER (i) The Writ Petition is allowed. (ii) Mandamus issues respondent No.4 to consider the representation of the petitioner and release the petitioner on general parole for 90 days, from the forenoon of 09.04.2025 till the evening of 07.07.2025. (iii) Respondent No.4 shall stipulate strict conditions as are usually stipulated, to ensure the return of the detenue (CTP No.10282) to the gaol and that she shall not commit any other offence during the period of general parole. (iv) The petitioner (CTP No.10282) shall mark her attendance in the jurisdictional police station, weekly once throughout the period of her general parole and it would be the responsibility of the jurisdictional police to take her to gaol, in the event, the petitioner would evade going back to the gaol, after the expiry of the period of general parole. - 10 - NC: 2025:KHC:14760 WP No. 9829 of 2025 (v) Registry is directed to communicate this order to respondent No.4, by way of electronic mail, forthwith. (vi) The petitioner is at liberty to seek extension of parole, which shall be considered looking at the conduct of the petitioner. Sd/- (M.NAGAPRASANNA) JUDGE KG List No.: 1 Sl No.: 87