Allowed

Sri. B. M. Yogesh v. State of Karnataka

Karnataka HC20 Dec 2023WP/27907/2023

Case brief

AI extract

What is this about?

This High Court of Karnataka allowed a writ petition filed by a life convict who had served over fourteen years of sentence. The court directed the competent authorities to place the petitioner's case before the Life Convicts Premature Release Committee for consideration of premature release within four weeks.

What did the court decide?

Direction to Respondent No. 3 to place the petitioner's case before Respondent No. 2 for premature release consideration within four weeks.

Sri. B. M. Yogesh Vs State of Karnataka — Pension and Retirement Benefits | Karnataka HC (2023)

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1 - NC: 2023:KHC:46935 WP No. 27907 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 20^TH DAY OF DECEMBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 27907 OF 2023 (GM-POLICE)

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BETWEEN:

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SRI. B. M. YOGESH S/O. MALLESHAPPA, AGED ABOUT 37 YEARS, R/AT MANIYAMMA BUILDING, GOSHALE, 3RD CROSS, GARUDACHAR PALYA, MAHADEVAPURA POST, BENGALURU-560 048.

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Digitally signed by SUMA B N Location: High Court of Karnataka

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CURRENTLY SERVING LIFE SENTENCE IN CENTRAL PRISON, PARAPPANA AGRAHARA, BENGALURU, (CTP NO. 4141) …PETITIONER

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(BY SRI. MONESH KUMAR K B.,ADVOCATE)

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AND:

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STATE OF KARNATAKA BY ADDL. CHIEF SECRETARY TO GOVERNMENT, HOME DEPARTMENT, 2ND FLOOR, VIDHANA SOUDHA, BENGALURU-560 001.

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THE LIFE CONVICTS RELEASE COMMITTEE REP BY ITS CHAIRMAN AND PRINCIPAL SECRETARY, HOME DEPARTMENT, VIDHANA SOUDHA, BENGALURU-560 001.

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NC: 2023:KHC:46935 WP No. 27907 of 2023

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THE DIRECTOR GENERAL OF POLICE PRISONS AND CORRECTIONAL SERVICES, SESHADRI ROAD, BENGALURU-560 003.

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CHIEF SUPERINTENDENT OF CENTRAL PRISON PARAPPANA AGRAHARA, ELECTRONIC CITY POST, BENGALURU-560 100.

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…RESPONDENTS

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(BY SMT. RASHMI PATEL., HCGP)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO a) DIRECTION THE R1, 3 AND 4 TO PLACE THE CASE OF THE PETITIONER BEFORE THE LIFE CONVICTS PREMATURE RELEASE COMMITTEE, THE R2 HEREIN AND ETC.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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Heard Sri. Monesh Kumar. K. B, learned counsel

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appearing for the petitioners and learned High Court Government Pleader Smt. Rashmi Patel appearing for the respondents.

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The petitioner is before this Court seeking following reliefs:

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(a) Issue a Writ, Order, or direction in the nature of Mandamus to the respondents 1, 3 and 4 to place the case of the petitioner before the

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3 - NC: 2023:KHC:46935 WP No. 27907 of 2023

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Life Convicts Premature Release Committee, the respondent No.2 herein.

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(b) Issue a Writ, order of direction in the nature of mandamus of the respondent No.2 to consider the case of the petitioner for premature release on the touchstone of the notifications produced as Annexure-A and the decisions of the Hon'ble Apex Court rendered in (a) Sharafat Ali Vs State of U P produced as Annexure-C and (b) the decision of the Hon'ble Apex Court rendered in the case of the Rashidul Jafar at Chota Vs State of U P produced as Annexure-D in this regard.

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(c) Issue a Writ, order of direction in the nature of mandamus of the respondent No.1 to 4 to strictly implement the direction issued at the hands of this Hon'ble Court in WP.No.1300/2023 dated 02.03.2023 produced as Annexure-E.

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(d) Pass the other orders/directions considering the facts and circumstances of the case together as to costs in the interest of justice.

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The petitioner was convicted of offences

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punishable under Section 302, 201 of I.P.C, and was sentenced for life imprisonment. It is stated that the petitioner has been serving the said sentence of life imprisonment from 07.02.2011 and has already undergone and served the sentence for more than

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4 - NC: 2023:KHC:46935 WP No. 27907 of 2023

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fourteen years four months, which includes period of remission.

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The learned counsel for the petitioner relying upon law enunciated by the Apex Court in the case of Sharafat Ali Vs State of Uttar Pradesh in WP.No.439/2021, DD 10.02.2022 and the directions issued there-under submits that the petitioner is also entitled for similar benefits as he has undergone/served the sentence substantially he submits that despite the same, the respondent-authorities have not considered the case of the petitioner for pre-mature release. Hence, the petition.

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The learned High Court Government Pleader submits that given some time, respondent No.3 would place the matter before respondent No.2-committee for consideration of the case of the petitioner and to pass appropriate orders for his release, in terms of the directions issued by the Apex Court in the aforesaid case.

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Submission is taken on record.

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NC: 2023:KHC:46935 WP No. 27907 of 2023

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Since no other grounds are urged. The Petition is

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allowed.

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The respondent No.3 is directed to place the case of the petitioner before the respondent No.2-committee, who shall after verifying the factors requiring for the premature release of the convicts and if the petitioner is otherwise eligible, taking into consideration of the directions issued by the Apex Court in the case of Sharafat Ali Vs State of Uttar Pradesh shall pass appropriate orders within a period of four weeks from the date of placing the matter before respondent No.2committee.

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Sd/JUDGE

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PHM

Sri. B. M. Yogesh v. State of Karnataka

Case brief

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Sri. B. M. Yogesh v. State of Karnataka

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