Karnataka High Court
Sri Satish Kumar A vs The State Of Karnataka on 6 December, 2022
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
-1-
WP No. 12705 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF DECEMBER, 2022
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 12705 OF 2022 (GM-POLICE)
BETWEEN:
1. SRI SATISH KUMAR A
@ SATISH KUMAR GUPTA
S/O ANAND KUMAR GUPTA
AGED ABOUT 43 YEARS
NO.331, II FLOOR, II CROSS
BDA EWS SECTOR, VENAKTESHWARA LAYOUT J P
NAGARA 8TH BLOCK, BENGALURU - 560 078
PRESENTLY HOUSED IN BENGALURU CENTRAL
PRISON
C T P NO. 9642
(CONVICTED PRISONER NUMBER)
...PETITIONER
(BY SRI. MONESH KUMAR K B.,ADVOCATE)
Digitally signed by AND:
PADMAVATHI B K
Location: HIGH
COURT OF 1. THE STATE OF KARNATAKA
KARNATAKA
BY THE PRINCIPAL SECRETARY
HOME DEPARTMENT
VIDHANA SOUDHA
BENGALURU - 560 001
2. THE DIRECTOR GENERAL OF POLICE
PRISONS AND CORRECTIONAL SERVICES
NO.9, SHESHADRI ROAD
-2-
WP No. 12705 of 2022
GANDHI NAGAR
BENGALURU - 560 009
3. THE CHIEF SUPERINTENDENT
CENTRAL PRISON
PARAPPANA AGRAHARA
ELECTRONIC CITY POST
BENGALURU - 560 100
...RESPONDENTS
(BY SRI. M. VINOD KUMAR, AGA)
THIS W.P. FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUTION OF INDIA PRAYING TO DIRECT IN THE NATURE
OF MANDAMUS TO THE RESPONDENTS TO BE PLEASED TO
PLACE THE CASE OF THE PETITIONER PRECEDED BY
FURNISHING A REPORT WHICH PLACES ON RECORD THE
EXEMPLARY CONDUCT THE HEAR WORK OF THE PETITIONER
TO HAVE EDUCATED MANY NUMBERS OF YOUTHS TO SECURE
DEGREES WHILE IN PRISON SO AS TO ENABLE THE DECISION
MAKING PROCESS ON PREMATURE RELEASE OF THE
PETITIONER TO ARRIVE AT A JUSTICE AND FAIR CONCLUSION
AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, 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 directing the -3- WP No. 12705 of 2022 respondents to place his case before the Committee for his premature release from the prison owing to his educational record and exemplary conduct.
2. Heard Sri. K.B. Monesh Kumar, learned counsel appearing for the petitioner, Sri. M. Vinod Kumar, learned AGA, appearing for the respondents and have perused the material on record.
3. Brief facts that leads the petitioner to this Court in the subject petition, as borne out from the pleadings, are as follows:
The petitioner is an accused for offences punishable under Sections 302 and 201 of the IPC. He was convicted for the said offences and was taken into custody on 12.08.2010 and is in custody from the said date even today. A criminal appeal filed by the petitioner before this Court is also dismissed on 28.07.2017. The claim of the petitioner in the subject petition is that the petitioner though not completed 14 years as is required in law for a premature release, is before this Court seeking consideration of his premature release on account of -4- WP No. 12705 of 2022 his exemplary conduct in the prison and acquisition of several educational qualifications while in prison. The qualification that the petitioner has acquired while in prison are as follows:
The petitioner has acquired Post Graduate Certificate Training in Cyber Law from Indiranagar National Open University, a certificate to that effect is also issued to the petitioner.
The petitioner has further acquired Post Graduation Diploma in Criminal justice again by the Indiranagar National Open University, a certificate to that effect is also appended to the petition. Apart from the qualifications that he has acquired while he is in prison, there are several certificates of appreciation by the Superintendent of Prison appended to the petition. These are all matters of record and are not in dispute.
4. The imprisonment certificate of the petitioner would demonstrate that the petitioner has completed close to 13 years 2 months as on date in prison and according to the -5- WP No. 12705 of 2022 learned AGA, he has to wait for another 10 months for completion of 14 years for him to seek any premature release.
5. Learned counsel appearing for the petitioner would seek to place reliance upon plethora of judgments rendered by the Apex Court, where the detenu has been released much before the completion of 14 years or much before completion of the term owing to the qualifications that they have possessed during their imprisonment and for the exemplary conduct that they have maintained while in prison as per the certificates issued by the respective superintendents of such prison.
6. The Apex Court in the case of THE HOME SECRETARY (PRISON) & ORS. V. H. NILOFER NISHA1, has considered these aspects and has let the prisoners out of premature release even in cases where they were convicted in TADA cases.
"42. The detenu in this case is about 46 years of age now and we are informed that during the period of incarceration in jail, he has completed the following educational courses:-
i. Completed 8th Standard;
1 (2020) 14 SCC 161 -6- WP No. 12705 of 2022 ii. Course of Preparatory Programme for Secondary (PPS) dated 23.11.2012 in Tamil Nadu Open University;
iii. Completed 10th Standard;
iv. Completed 12th Standard;
v. Certificate course in Diploma in Four Wheeler
Mechanism dated 30.04.2013 done in Tamil Nadu Open University;
vi. Done B. Literature dated May, 2017 & June, 2018 in Bharathiar University, Coimbatore; vii. Done Vocational Diploma in DTP Operator dated June, 2017 in Tamil Nadu Open University;
43. We find that the detenu in this case was convicted in another case under Section 120(B) of the Indian Penal Code, 1860 and sentenced to imprisonment for 5 years and was convicted under Section 4(a) and 4(b) of the Explosives Substances Act, 1908 and was awarded 5 years imprisonment and 4 years imprisonment under each of these sections vide judgment dated 28.12.2018. This judgment of conviction and sentence is after the date of the G.O.(Ms.) No. 64 dated 01.02.2018 in question and this will also have to be taken into consideration. Therefore, as far as this case is concerned, we direct the competent authority to consider the representation of the detenu keeping in view the facts and circumstances of the case and decide the same within 6 weeks from today. In case the State rejects the plea of the detenu then a reasoned order has to be passed and, in that eventually, the detenu shall be at liberty to challenge the order before the High Court.
44. The detenu was also convicted in TADA case but that conviction has been set aside by this Court and, therefore, that cannot be taken into consideration." The afore-quoted judgment of the Apex Court was concerning premature release of prisoners even in cases of conviction under TADA.
-7-WP No. 12705 of 2022
7. Therefore, the case of the petitioner should be placed before the appropriate Committee in their next ensuing meeting. The Committee shall pass appropriate orders in accordance with law. It is made clear that this Court has not pronounced upon the merit of the claim of the petitioner.
With the aforesaid observations, the petition stands disposed.
Sd/-
JUDGE SJK List No.: 1 Sl No.: 5