Karnataka High Court
Suma vs State Of Karnataka on 5 June, 2024
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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NC: 2024:KHC:19288
WP No. 13732 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO.13732 OF 2024 (GM-POLICE)
BETWEEN:
SUMA
W/O SHYAM @ RAJA REDDY(CTP 3343)
AGED ABOUT 55 YEARS
R/O 90 GAGALLU VILLAGE
HOSAKOTE TALUK
BENGALURU RURAL DISTRICT-562114
...PETITIONER
(BY SRI. SIRAJUDDIN AHMED, ADV.)
AND
1. STATE OF KARNATAKA
HOME DEPARTMENT
THROUGH PRINCIPAL SECRETARY
VIDHANA SOUDHA
BENGALURU-560001
2. CHIEF SUPERINTENDENT
Digitally signed
by VANDANA S CENTRAL PRISON
BELAGAVI-591108
Location: HIGH
COURT OF
KARNATAKA 3. THE LIFE CONVICTS RELEASE COMMITTEE
REP. BY ITS CHAIRMAN AND PRINCIPAL SECRETARY
HOME DEPARTMENT
VIDHANA SOUDHA
BENGALURU-560001
4. THE DIRECTOR GENERAL OF POLICE
PRISONS AND CORRECTIONAL SERVICES
SHESHADRI ROAD
BENGALURU-560001
...RESPONDENTS
(BY SRI. S.T. NAIK, AGA)
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NC: 2024:KHC:19288
WP No. 13732 of 2024
THIS WP IS FILED UNDER ARTCILES 226 AND 227 OF THE
CONSTITUTION OF INDIA PRAYING TO DIRECT THE R2 AND R3 THAT
PETITIONERS HUSBAND SHYAM AT RAJA REDDY (CTP 3343)
PRESENTLY LODGED IN CENTRAL PRISON BELAGAVI MAY BE
ENLARGED/RELEASED PREMATURELY.
THIS PETITION, COMING ON FOR ORDERS, 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 to respondents
No.2 and 3 to consider her request for premature release of
her husband, who is a life convict - CTP No.3343 in terms of
the Prison Manual.
2. Heard learned counsel appearing for the petitioner
and learned Additional Government Advocate appearing for
respondents.
3. The brief facts are as follows:
The petitioner's husband commits crime which ends up
in his conviction in S.Cs.No.246/2000, 67/2000, 59/1999,
62/2002 and 131/1999. On the registration of a crime for the
offences punishable under Sections 302, 397 and 392 of IPC,
NC: 2024:KHC:19288
the petitioner's husband was convicted and sentenced to
undergo imprisonment for life.
4. The petitioner's husband continues to be in prison
and is now in prison for the last 24 years. On all the aforesaid
basis, the petitioner seeks premature release of her husband
on the ground that her husband has been a life convict for
about 24 years, and since the period of 14 years after which
many other convicts have been granted premature release
has expired as held by the Apex Court and this Court, the
petitioner herein is also entitled to premature release. In
support of his contention, petitioner places reliance on the
judgment of this Court in the case of Sri Omkarmurthy v.
State of Karnataka and Ors. - W.P.No.1300/2023 dated
02.03.2023.
5. Per Contra, learned AGA submits that there is no
merit in the petition and the same is liable to be dismissed.
6. I have given my anxious consideration to the
submissions made by the respective learned counsel and
have perused the material on record.
NC: 2024:KHC:19288
7. In Omkarmurthy's case (supra) this Court
followed judgments of the Apex Court and issued appropriate
directions to the Life Convicts Release Committee to conduct /
hold meetings for the purpose of considering the case of writ
petitioner and the like whose cases are placed before it for
consideration of their cases for remission / premature release
by holding as under:
"11. In view of the aforesaid reasons, the
following:
ORDER
(i) Writ petition is disposed.
(ii) A mandamus issues to the 1st 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 consideration
of their cases for remission / premature release.
(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.
NC: 2024:KHC:19288
(v) The petitioner shall be considered for his
release on general parole, in accordance with law, till the
committee meets and considers his application for his
premature release.
(vi) The Registry is directed to communicate the
order to the Additional Chief Secretary, Department of
Home Affairs, Government of Karnataka, Bengaluru for its
compliance."
8. In my considered opinion, the aforesaid judgment
of this Court in Omkarmurthy's case (supra) is directly and
squarely applicable to the facts of the instant case and
consequently, the present petition also deserves to be
disposed of in the aforesaid terms.
9. In the result, I pass the following:
ORDER
(i) The petition is hereby disposed of in terms
of the judgment of this Court in Sri Omkarmurthy v.
State of Karnataka and Ors. - W.P.No.1300/2023
dated 02.03.2023.
(ii) The respondents are directed to hold /
conduct the meeting of the Life Convicts Release
NC: 2024:KHC:19288
Committee to consider the case of the petitioner and the
like whose cases are placed before it for consideration of
their cases for remission / premature release on the next
date of the meeting of the said Committee.
(iii) In addition thereto, the petitioner shall also
be considered for grant and release on general parole in
accordance with law, till the aforesaid Committee meets
as directed supra.
Sd/-
JUDGE
PA / SV
