Sri Somappa S/O Bhimappa Talavar vs The Union Of India
2025 Latest Caselaw 9245 Kant

Karnataka High Court

Sri Somappa S/O Bhimappa Talavar vs The Union Of India on 16 October, 2025

Author: M.Nagaprasanna

Bench: M.Nagaprasanna

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                                                                NC: 2025:KHC-D:14040
                                                          WP No. 106064 of 2025


                       HC-KAR


                            IN THE HIGH COURT OF KARNATAKA,AT DHARWAD
                                DATED THIS THE 16TH DAY OF OCTOBER, 2025
                                                 BEFORE
                                THE HON'BLE MR. JUSTICE M.NAGAPRASANNA
                            WRIT PETITION NO. 106064 OF 2025 (GM-POLICE)
                      BETWEEN:
                      SRI. SOMAPPA S/O. BHIMAPPA TALAVAR,
                      AGED 51 YEARS,
                      R/AT MASTI VILLAGE, BASAVANA BAGEWADI,
                      TALUK: VIJAYAPUR - 586 101,

                      PRESENTLY SERVING SENTENCE
                      IN VIJAYAPURA CENTRAL PRISON
                      (CTP NO. 4485)
                                                                         ...PETITIONER
                      (BY SRI. PRATHAP S. S., ADVOCATE)

                      AND:
                      1. THE UNION OF INDIA,
                         REP. BY THE UNDER SECRETARY,
                         (JUDICIAL WING), GOVERNMENT OF INDIA,
                         MINISTRY OF HOME AFFAIRS, HALL NO.17,
                         2ND FLOOR, MAJOR DHYAN CHAND
                         NATIONAL STDIUM, INDIA GATE,
                         NEW DELHI - 110 002.

                      2.   THE STATE OF KARNATAKA,
Digitally signed by
RAKESH S                   BY THE PRINCIPAL SECRETARY
HARIHAR                    HOME DEPARTMENT, VIDHAN SOUDHA,
Location: High
Court of                   BENGALURU - 560 001.
Karnataka,
Dharwad Bench,
Dharwad               3.   THE DIRECTOR GENERAL OF POLICE
                           PRISONS AND CORRECTIONAL SERVICES
                           NO.9 SHESHADRI ROAD, GANDHI NAGAR,
                           BENGALURU - 560 009.

                      4.   THE SUPERINTENDENT
                           CENTRAL PRISON,
                           VIJAYAPURA 586 103.
                                                                       ...RESPONDENTS
                      (BY SRI. M.B.KANAVI, CGSC FOR R1;
                      SRI. V.S.KALASURMATH, AGA FOR R2 TO R4)
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                                             NC: 2025:KHC-D:14040
                                          WP No. 106064 of 2025


HC-KAR


      THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO 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 RELEASE THE PETITIONER ON
PREMATURE RELEASE IN TERMS OF THE ANNEXURE-A. ISSUE A WRIT,
ORDER OR DIRECTION IN THE NATURE OF MANDAMUS TO THE
RESPONDENT NO.4 TO RELEASE THE PETITIONER ON PAROLE TILL
THE DECISION OF THE GOVERNMENT ON THE PREMATURE RELEASE
OF THE LIFE CONVICT IN THE INTEREST OF JUSTICE AND EQUITY AND
ETC.,

      THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

                           ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA)

1. The petitioner is before this Court seeking the

following prayer:

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 release the petitioner on premature release 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 the petitioner on parole till the decision of the Government on the premature release of the life convict 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.

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2. Heard Sri.Prathap S.S, learned counsel for the

petitioner and Sri.M.B.Kanavi, Central Government Standing

Counsel for respondent No.1 and Sri. V.S.Kalasurmath,

learned AGA for respondent Nos.2 to 4.

3. Facts in brief germane as fallows:

The petitioner was convicted for offences punishable

under Sections 498A, 304B, and 302 of the Indian Penal

Code. As of today, the petitioner has undergone 19 years

and 9 months of imprisonment, including the period of

remission. His case has been recommended for premature

release by the committee constituted for such purposes,

and the said recommendation is presently pending

consideration before the Union of India, which is required to

pass necessary orders on the same. The petitioner has

therefore approached this Court seeking a writ of

mandamus directing the Union of India to consider his case

for premature release, particularly as the recommendation

has been pending for over 18 months.

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4. In similar circumstances, the Hon'ble Apex Court

has directed that convicts be released on grant of parole

following the said judgment of the Apex Court, this Court, in

W.P. No.1300 of 2023, disposed of on 02.03.2023, has held

as follows:

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 months, so that those application/s are 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 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.

(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

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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 1 st of April, 2023.

(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.

5. In light of the fact that the petitioner's case has

been recommended for premature release, and considering

that he has already undergone 19 years and 9 months of

imprisonment, this Court is constrained to direct the release

of the petitioner on parole. This is particularly in view of the

fact that the recommendation for premature release has

been pending consideration before the Union of India for the

last 18 months.

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6. Accordingly, the petitioner shall be released on

parole, subject to the following conditions:

ORDER

(1) The Writ Petition is allowed.

(2) Mandamus issues to respondent No.2 to consider the representation of the petitioner and release the convict (CTP No.4485) -

Somappa S/o Bhimappa Talawar., on general parole for a period of sixty days, which would become operational from the date of release of the convict from the jail, subject to the following conditions:

(i) The convict (CTP No.4485) shall mark his attendance in the jurisdictional police station, weekly once throughout the period of his parole and it would be the responsibility of the jurisdictional Police to take him to gaol, in the event, the convict (CTP No.4485) would evade going back to the gaol, after the expiry of the period of general parole.

(ii) Respondent No.1 shall stipulate strict conditions as are usually stipulated, to

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

(3) The petitioner is at liberty to seek extension of parole, which shall be considered looking at the conduct of the convict while he is out on parole.

(4) The registry is directed to communicate the order to the prison authority for its execution.

Sd/-

(M.NAGAPRASANNA) JUDGE

AC/CT-ASC