B. T. Rashikumar vs The State Of Karnataka
2024 Latest Caselaw 22529 Kant

Karnataka High Court

B. T. Rashikumar vs The State Of Karnataka on 4 September, 2024

Author: Hemant Chandangoudar

Bench: Hemant Chandangoudar

                                                     -1-
                                                                 NC: 2024:KHC:36125
                                                               WP No. 21669 of 2024




                               IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                                 DATED THIS THE 4TH DAY OF SEPTEMBER, 2024

                                                  BEFORE
                             THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
                                 WRIT PETITION NO. 21669 OF 2024 (GM-POLICE)
                        BETWEEN:

                        B. T. RASHIKUMAR,
                        S/O LATE THIMMAIAH,
                        AGED ABOUT 36 YEARS,
                        KARKANAHALLI, BEMBALURU POST,
                        SHANIVARSANTHE HOBLI,
                        SOMAWARPETE TALUQA,
                        KODAGU DISTRICT - 571 234.

                        (SERVING SENTENCE IN BENGALURU CENTRAL
                        PRISON IN CTP NO.8174).
                                                                       ...PETITIONER
                        (BY SRI. PRADEEP C PATIL., ADVOCATE)

                        AND:

Digitally signed by B
                        1.   THE STATE OF KARNATAKA,
K
MAHENDRAKUMAR                REPRESENTED BY PRINCIPAL SECRETARY
Location: HIGH
COURT OF
                             TO GOVERNMENT,
KARNATAKA                    HOME DEPARTMENT,
                             (PRISONS AND CINEMAS),
                             2ND FLOOR, VIDHANA SOUDHA,
                             BENGALURU - 560 001.

                        2.   THE LIFE CONVICTS PREMATURE
                             RELEASE COMMITTEE,
                             HOME DEPARTMENT,
                             VIDHANA SOUDHA,
                             BENGALURU - 560 001.
                             REPRESENTED BY ITS CHAIRMAN.
                               -2-
                                            NC: 2024:KHC:36125
                                        WP No. 21669 of 2024




3.   THE DIRECTOR GENERAL PRISONS
     AND CORRECTIONAL SERVICES,
     SESHADRI ROAD,
     BENGALURU - 560 009.

4.   THE CHIEF SUPERINTENDENT,
     CENTRAL PRISON,
     PARAPPANA AGRAHARA,
     BENGALURU - 560 100.
                                              ...RESPONDENTS
(BY SRI.SHAMANTH NAIK, HCGP)

    THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUTION    OF    INDIA PRAYING    TO   QUASH    THE
ENDORSEMENT DATED 01.04.2024 VIDE CPB/CTP-SEC/32/2024
PRODUCED AS ANNEXURE - D PASSED BY THE R-4 AND ETC.,

      THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN
'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM:     HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR


                         ORAL ORDER

The petitioner is convicted for the offence punishable under Section 302 of IPC and sentenced to undergo life imprisonment. The petitioner is in judicial custody for fourteen years, four months as of today including remission.

2. The representation submitted by the petitioner for premature release was rejected citing that his case can be considered only on completion of actual sentence of 14 years of imprisonment without remission.

3. Heard Sri Pradeep C. Patil, learned counsel for the petitioner and Sri Shamanth Naik, learned HCGP for the respondent- State.

NC: 2024:KHC:36125

4. The Government of Karnataka has issued Guidelines to consider the cases for premature release of the prisoners, and as per the Guidelines issued by the Government of Karnataka at Clause- IV(a), provisions undergoing the sentence for life imprisonment shall be entitled to be considered for premature release after they have served total 14 years of imprisonment with remission but only after completion of 10 years of actual imprisonment without remission.

5. In the instant, the petitioner has completed nearly 14 years of imprisonment with remission, and more than 10 years of actual imprisonment. Therefore, the impugned endorsement issued by respondent No.4 is contrary to the Guidelines issued by the Government of Karnataka and the same is not legally sustainable.

6. Accordingly, I pass the following:

ORDER

i. Writ petition is allowed.

ii. The impugned endorsement dated 01.04.2024 issued by respondent No.4 at Annexure-D, is hereby quashed.

iii. The respondents to consider the case of the petitioner for premature release, in terms of Article 161 of the Constitution of India, the Government Order dated 21.04.2020 and in light of the judgment

NC: 2024:KHC:36125

of the Hon'ble Apex Court in the case of State of Haryana & Ors. Vs. Raj Kumar @ Bittu, expeditiously.

iv. The petitioner having completed 14 years of imprisonment including remission, is entitled for release on parity for a period of 90 days.

v. Respondents shall stipulate strict conditions as are usually stipulated to ensure the return of the petitioner to the prison, and the convict shall not commit any other offence during the period of parole.

vi. Violation of any of the parole conditions would result in cancellation of parole.

vii. The Registry is directed to communicate this order to respondents, by way of electronic mail, forthwith.

Hand delivery is ordered.

Sd/-

(HEMANT CHANDANGOUDAR) JUDGE

PN