Sri Ajith S v. The State of Karnataka

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 12881 OF 2026 (GM-POLICE) BETWEEN:

¶1SRI AJITH S S/O SRINIVASA G, AGED 24 YEARS R/AT CHIKKAYALAVANAHALLI, HULIBELE, MALUR TALUK KOLAR-563 114.

THE PETITIONER IS THE SON OF THE CONVICT PRISONER NO 8061 SRINIVAS WHO IS SERVING LIFE SENTENCE IN BENGALURU CENTRAL PRISON … PETITIONER (BY SRI. PRADEEP PATIL., ADVOCATE) AND:

¶1THE STATE OF KARNATAKA BY THE PRINCIPAL SECRETARY HOME DEPARTMENT VIDHANA SOUDHA BENGALURU-560 001

¶2THE LIFE CONVICTS PREMATURE RELEASE COMMITTEE HOME DEPARTMENT VIDHANA SOUDHA BENGALURU-560 001 REPRESENTED BY ITS CHAIRMAN

¶3THE DIRECTOR GENERAL OF POLICE PRISONS AND CORRECTIONAL SERVICES NO. 9 SHESHADRI ROAD, GANDHI NAGAR BENGALURU-560 009

by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA

¶4THE CHIEF SUPERINTENDENT CENTRAL PRISON BENGALURU -560 100 … RESPONDENTS (BY SRI. C.H. DEVARAJ, GOVERNMENT ADVOCATE FOR R1 TO R4)

THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A. ISSUE A WRIT, ORDER OR 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 ANNEXURE-A AND BE FURTHER PLEASED TO DIRECT THE RESPONDENTS TO CONSIDER THE CASE OF THE CONVICT PRISONER NO. 8061 SHRINIVAS S/O GANGAPPA IN TERMS OF THE ANNEXURE-A AND ETC.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

ORAL ORDER

¶1The Petitioner, who is son of the detenu-Shrinivas (CTP No.8061) is before this Court seeking for the following reliefs: a. Issue a Writ, Order or 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 Annexure-A and be further pleased to direct the respondents to consider the case of the convict prisoner No. 8061 Shrinivas s/o Gangappa in terms of the Annexure-A . b. Issue a Writ, Order or direction in the nature of mandamus to the Respondent No 4 to release convict prisoner No. 8061 Shrinivas s/o Gangappa on parole for a

period of 90 days in the interest of justice and equity. c. Pass such other orders/ directions considering the facts and circumstances of the case together as to costs in the interest of justice.

¶2The detenu had been convicted in S.C.No.39/2013 for the offences under Section 302 of IPC by the I Additional District and Sessions Judge, Kolar District, and sentenced on 04.09.2015 with the highest of the sentence being imprisonment for life along with fine. The detenu has served a period of 12 years 6 months and 24 days in incarceration as on 13.03.2026 and his conduct in jail is said to be satisfactory.

¶3The Petitioner having made an application for parole on behalf of the detenu on account of his wife suffering from cardiac issues requiring ASD device to be inserted. Surgery having occurred on 09.01.2025, a request for parole was made so as to enable the detenu/husband to spend some time with the wife who had undergone surgery.

¶4Learned counsel for the Petitioner submits that he does not press prayer (a) but only requests for prayer (b).

¶5A perusal of the imprisonment certificate indicates that the detenu has been granted general parole on three earlier occasions and emergency parole on two earlier occasions, totalling 8 months 8 days, during which time there is no particular complaint against the detenu by the Authorities concerned.

¶6Learned AGA would, however, oppose the above petition on the ground that there are two other criminal proceedings which are pending trial and as such, the Petitioner ought not to be enlarged on parole.

¶7Taking into account the fact that the Petitioner has spent 12 years, 6 months, and 24 days incarceration and during the earlier period of grant of parole there was complaint against Petitioner, he

surrendered to the Authority concerned and his conduct during incarceration in the jail is satisfactory, I pass the following: ORDER

i) The Writ Petition is allowed.

ii) Respondent No.4–Chief Superintendent, Central Prison, Bangalore, is directed to release the detenu-Shrinivas (CTP No.8061) on parole for a period of days commencing from

01.07.2026, subject to the following conditions: a) The detenu – Shrinivas (CTP No.8061) shall mark his attendance in jurisdictional Police Station, weekly once throughout the period of his parole and it would be responsibility of jurisdictional Police to take them to gaol, in the event, the convict would evade going back to the gaol, after the expiry of the period of parole. b) Respondent No.1-State of Karnataka shall stipulate strict conditions as are usually stipulated to ensure return of the detenu to

the gaol and that he shall not commit any other offence during the period of parole.

iii) The Registry is directed to communicate the order to the prison authority for its immediate execution.

iv) The Petitioner and all his family members to comply with all other formalities before the date fixed for release.

Sd/- (SURAJ GOVINDARAJ) JUDGE

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