[Cites 4, Cited by 0]
Karnataka High Court
Sri Channappa S/O Dhareppa Mutnal vs The Union Of India on 10 February, 2026
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NC: 2026:KHC-D:1975
WP No. 101049 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 10TH DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
WRIT PETITION NO.101049 OF 2026 (GM-POLICE)
BETWEEN:
SRI CHANNAPPA S/O. DHAREPPA MUTNAL,
AGED 40 YEARS,
R/AT ITNAL, RAYBAG TALUK,
BELAGAVI-591 235
SERVING LIFE SENTENCE IN
CENTRAL PRISON, CTP NO.2244
BELAGAVI CURRENTLY ON PAROLE.
...PETITIONER
(BY SRI. PRATHAP S.S., ADVOCATE (ABSENT))
AND:
1. THE UNION OF INDIA,
Digitally
signed by
YASHAVANT
REP BY THE UNDER SECRETARY
YASHAVANT NARAYANKAR
NARAYANKAR Date:
2026.02.12
(JUDICIAL WING)
10:48:33
+0530
GOVERNMENT OF INDIA,
MINISTRY OF HOME AFFAIRS,
HALL NO.17, 2ND FLOOR,
MAJOR DHYAN CHAND NATIONAL STADIUM,
INDIA GATE, NEW DELHI-110 002.
2. THE STATE OF KARNATAKA,
BY THE PRINCIPAL SECRETARY,
HOME DEPARTMENT, VIDHANA SOUDHA,
BENGALURU-560001.
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NC: 2026:KHC-D:1975
WP No. 101049 of 2026
HC-KAR
3. THE DIRECTOR GENERAL OF POLICE
PRISONS AND CORRECTIONAL SERVICES
NO.9 SHESHADRI ROAD, GANDHI NAGAR,
BENGALURU-560009.
4. THE CHIEF SUPERINTENDENT,
CENTRAL PRISON, BELAGAVI-591108.
...RESPONDENTS
(BY SMT. GIRIJA S.HIREMATH, HCGP FOR R2 TO R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF CONSTITUTION OF INDIA, PRAYING TO;
A. ISSUE A WRIT, ORDER OR DIRECTION IN THE NATURE OF
MANDAMUS TO THE RESPONDENT NO.3 TO TAKE A DECISION
ON THE RECOMMENDATION AS PER GOVERNMENT ORDER
NO.HD/119/PR-2018 DATED 21-04-2020 MADE BY THE LCR
COMMITTEE PRODUCED AS ANNEXURE-C1.
B. ISSUE A WRIT, ORDER OR DIRECTION IN THE NATURE OF
MANDAMUS TO THE RESPONDENTS TO RELEASE THE
PETITIONER ON PAROLE TILL THE PREMATURE RELEASE OF THE
LIFE CONVICT IN THE INTEREST OF JUSTICE.
C. PASS SUCH OTHER ORDERS/ DIRECTIONS CONSIDERING THE
FACTS AND CIRCUMSTANCES OF THE CASE TOGETHER AS TO
COSTS IN THE INTEREST OF JUSTICE.
THIS WRIT PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
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NC: 2026:KHC-D:1975
WP No. 101049 of 2026
HC-KAR
ORAL ORDER
The present writ petition if filed seeking the following
prayer:
"a. Issue a Writ, Order or direction in the nature of
mandamus to the Respondent No.3 to take a decision
on the recommendation as per Government order
No.HD/119/PR-2018 Dtd: 21-04-2020 made by the LCR
committee produced as Annexure-C1.
b. Issue a Writ, Order or direction in the nature of
mandamus to the Respondents to release the petitioner
on parole till the premature release of the life convict in
the interest of justice.
c. Pass such other orders/ directions considering the
facts and circumstances of the case together as to
costs in the interest of justice."
2. It is the case of the petitioner that, he was convicted
in S.C. No.378/2021 for the offences punishable under Sections
302, 201 read with Section 134 of Indian Penal Code and Section
30 of the Arms Act. Then the petitioner questioned the same by
filing Criminal Appeal No.2582/2013 and the same was dismissed
on 17.11.2015. It is the case of the petitioner that, the State of
Karnataka has issued guidelines to consider cases of premature
release of life convicts serving sentence in the prison established
in the State of Karnataka by Government Order dated
NC: 2026:KHC-D:1975
HC-KAR
21.04.2020. It is the case that, earlier the petitioner had filed WP
No.106068/2025 to grant parole for a period of 60 days and the
same was allowed. According to the petitioner, he has completed
14 years and 8 months of detention including remission and the
authorities are not considering the case of the petitioner in the
light of the Government Order dated 21.04.2020.
3. There is no representation on behalf of the petitioner.
4. Learned High Court Government Pleader appearing
for respondent Nos.2 to 4 submits that, she will get instructions.
5. It is the case of the petitioner that, he is entitled for
the benefit as per the proceedings of the Government of
Karnataka dated 21.04.2020. The respondents ought to have
considered the case of the petitioner in the light of the
proceedings dated 21.04.2020. If the petitioner is entitled for the
remission as per the proceedings dated 21.04.2020, that itself
cannot be a ground for this Court to grant parole to the accused.
If the accused requires the parole as per Rule 191 of the
Karnataka Prison Rules, 1974, he can approach the authority.
NC: 2026:KHC-D:1975
HC-KAR
Hence, this Court cannot pass such an order. Accordingly, this
Court is passing the following:
ORDER
(i) The writ petition is disposed of by directing
the respondents No.3 and 4 to consider the
case of the petitioner as per the proceedings
of the Government of Karnataka dated
21.04.2020 and this exercise shall be
completed within a period of 2 months from
the date of receipt of the copy of the order.
(ii) All I.As. in this writ petition shall stand
closed.
Sd/-
JUSTICE LALITHA KANNEGANTI
RH
CT: UMD
List No.: 1 Sl No.: 35
