Karnataka High Court
Sri Satish Kumar A vs The State Of Karnataka on 6 December, 2023
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
-1-
WP No. 12705 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF DECEMBER, 2022
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 12705 OF 2022 (GM-POLICE)
BETWEEN:
1. SRI SATISH KUMAR A
@ SATISH KUMAR GUPTA
S/O ANAND KUMAR GUPTA
AGED ABOUT 43 YEARS
NO.331, II FLOOR, II CROSS
BDA EWS SECTOR, VENAKTESHWARA LAYOUT J P
NAGARA 8TH BLOCK, BENGALURU - 560 078
PRESENTLY HOUSED IN BENGALURU CENTRAL
PRISON
C T P NO. 9642
(CONVICTED PRISONER NUMBER)
...PETITIONER
(BY SRI. MONESH KUMAR K B.,ADVOCATE)
Digitally signed by AND:
PADMAVATHI B K
Location: HIGH
COURT OF 1. THE STATE OF KARNATAKA
KARNATAKA
BY THE PRINCIPAL SECRETARY
HOME DEPARTMENT
VIDHANA SOUDHA
BENGALURU - 560 001
2. THE DIRECTOR GENERAL OF POLICE
PRISONS AND CORRECTIONAL SERVICES
NO.9, SHESHADRI ROAD
-2-
WP No. 12705 of 2022
GANDHI NAGAR
BENGALURU - 560 009
3. THE CHIEF SUPERINTENDENT
CENTRAL PRISON
PARAPPANA AGRAHARA
ELECTRONIC CITY POST
BENGALURU - 560 100
...RESPONDENTS
(BY SRI. M. VINOD KUMAR, AGA)
THIS W.P. FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUTION OF INDIA PRAYING TO DIRECT IN THE NATURE
OF MANDAMUS TO THE RESPONDENTS TO BE PLEASED TO
PLACE THE CASE OF THE PETITIONER PRECEDED BY
FURNISHING A REPORT WHICH PLACES ON RECORD THE
EXEMPLARY CONDUCT THE HEAR WORK OF THE PETITIONER
TO HAVE EDUCATED MANY NUMBERS OF YOUTHS TO SECURE
DEGREES WHILE IN PRISON SO AS TO ENABLE THE DECISION
MAKING PROCESS ON PREMATURE RELEASE OF THE
PETITIONER TO ARRIVE AT A JUSTICE AND FAIR CONCLUSION
AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner is before this Court seeking a direction by
issuance of a writ in the nature of mandamus directing the
respondents to place his case before the Committee for his
premature release from the prison owing to his educational
record and exemplary conduct.
2. Heard Sri. K.B. Monesh Kumar, learned counsel
appearing for the petitioner, Sri. M. Vinod Kumar, learned AGA,
appearing for the respondents and have perused the material
on record.
3. Brief facts that leads the petitioner to this Court in
the subject petition, as borne out from the pleadings, are as
follows:
The petitioner is an accused for offences punishable under
Sections 302 and 201 of the IPC. He was convicted for the said
offences and was taken into custody on 12.08.2010 and is in
custody from the said date even today. A criminal appeal filed
by the petitioner before this Court is also dismissed on
28.07.2017. The claim of the petitioner in the subject petition is
that the petitioner though not completed 14 years as is
required in law for a premature release, is before this Court
seeking consideration of his premature release on account of
his exemplary conduct in the prison and acquisition of several
educational qualifications while in prison. The qualification that
the petitioner has acquired while in prison are as follows:
The petitioner has acquired Post Graduate
Certificate Training in Cyber Law from Indiranagar
National Open University, a certificate to that effect
is also issued to the petitioner.
The petitioner has further acquired Post
Graduation Diploma in Criminal justice again by the
Indiranagar National Open University, a certificate to
that effect is also appended to the petition.
Apart from the qualifications that he has acquired while
he is in prison, there are several certificates of appreciation by
the Superintendent of Prison appended to the petition. These
are all matters of record and are not in dispute.
4. The imprisonment certificate of the petitioner would
demonstrate that the petitioner has completed close to 13
years 2 months as on date in prison and according to the
learned AGA, he has to wait for another 10 months for
completion of 14 years for him to seek any premature release.
5. Learned counsel appearing for the petitioner would
seek to place reliance upon plethora of judgments rendered by
the Apex Court, where the detenu has been released much
before the completion of 14 years or much before completion of
the term owing to the qualifications that they have possessed
during their imprisonment and for the exemplary conduct that
they have maintained while in prison as per the certificates
issued by the respective superintendents of such prison.
6. The Apex Court in the case of THE HOME
SECRETARY (PRISON) & ORS. V. H. NILOFER NISHA1, has
considered these aspects and has let the prisoners out of
premature release even in cases where they were convicted in
TADA cases.
"42. The detenu in this case is about 46 years of
age now and we are informed that during the period of
incarceration in jail, he has completed the following
educational courses:-
i. Completed 8th Standard;
(2020) 14 SCC 161
ii. Course of Preparatory Programme for
Secondary (PPS) dated 23.11.2012 in Tamil
Nadu Open University;
iii. Completed 10th Standard;
iv. Completed 12th Standard;
v. Certificate course in Diploma in Four Wheeler
Mechanism dated 30.04.2013 done in Tamil
Nadu Open University;
vi. Done B. Literature dated May, 2017 & June,
2018 in Bharathiar University, Coimbatore;
vii. Done Vocational Diploma in DTP Operator
dated June, 2017 in Tamil Nadu Open
University;
43. We find that the detenu in this case was
convicted in another case under Section 120(B) of the
Indian Penal Code, 1860 and sentenced to imprisonment
for 5 years and was convicted under Section 4(a) and
4(b) of the Explosives Substances Act, 1908 and was
awarded 5 years imprisonment and 4 years imprisonment
under each of these sections vide judgment dated
28.12.2018. This judgment of conviction and sentence is
after the date of the G.O.(Ms.) No. 64 dated 01.02.2018
in question and this will also have to be taken into
consideration. Therefore, as far as this case is concerned,
we direct the competent authority to consider the
representation of the detenu keeping in view the facts and
circumstances of the case and decide the same within 6
weeks from today. In case the State rejects the plea of
the detenu then a reasoned order has to be passed and,
in that eventually, the detenu shall be at liberty to
challenge the order before the High Court.
44. The detenu was also convicted in TADA case
but that conviction has been set aside by this Court and,
therefore, that cannot be taken into consideration."
The afore-quoted judgment of the Apex Court was
concerning premature release of prisoners even in cases of
conviction under TADA.
7. Therefore, the case of the petitioner should be
placed before the appropriate Committee in their next ensuing
meeting, * according to the eligibility of the petitioner. The
Committee shall pass appropriate orders in accordance with
law. It is made clear that this Court has not pronounced upon
the merit of the claim of the petitioner.
With the aforesaid observations, the petition stands
disposed.
Sd/-
JUDGE
SJK
* Inserted vide court order dated 23/01/2023.
