IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13^TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.25250 OF 2025 (GM-POLICE)

BETWEEN SRI KISHAN S/O LALARAMJI, AGED ABOUT 36 YEARS, R/AT 3^RD CROSS, VENKATAPURA, KORAMANGALA, BENGALURU-560034 CURRENTLY SERVING SENTENCE IN CENTRAL PRISON, MYSORE.

... PETITIONER (BY SRI. PRADEEP PATIL., ADVOCATE FOR SRI. PRATHAP S.S., ADVOCATE)

AND Digitally signed by VARSHA N 1. THE STATE OF KARNATAKA RASALKAR Location: HIGH BY THE PRINCIPAL SECRETARY, COURT OF KARNATAKA HOME DEPARTMENT, VIDHANA SOUDHA, BENGALURU-560001

2. THE DIRECTOR GENERAL OF POLICE PRISONS AND CORRECTIONAL SERVICES, NO.9, SHESHADRI ROAD, GANDHI NAGAR, BENGALURU-560009

3. THE CHIEF SUPERINTENDENT CENTRAL PRISON, MYSORE-570007 …. RESPONDENTS (BY SRI. PRADEEP C.S., AAG A/W SMT. K.P. YASHODHA., AGA)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT, ORDER OR DIRECTION IN THE NATURE OF MANDAMUS TO THE R3 TO RELEASE THE PETITIONER FROM PRISON FORTHWITH, IN VIEW OF THE ORDER PASSED BY THE HONORABLE APEX COUT IN SUKHDEV YADAV @ PEHALWAN V/S STATE OF NCT OF DELHI AND OTHERS IN CRIMINAL APPEAL NO.3271 OF 2025, PRODUCED AS ANNEXURE -C.

THIS WRIT PETITION COMING ON FOR ORDERS AND HAVING BEEN RESERVED FOR ORDERS ON 05.02.2025, THIS DAY, THE COURT PRONOUNCED THE FOLLOWING:

CAV ORDER

1. The Petitioner is before the Court seeking for the following reliefs:

a) Issue a writ, order or direction in the nature of Mandamus to the respondent No.3 to release the petitioner from prison forthwith, in view of the order passed by the Hon’ble Apex Court in Sukhdev Yadav @ Pehalwan v/s State of NCT of Delhi & Others in Criminal Appeal No. 3271 of

2025) produced as Annexure-C.

b) Pass such other order/s directions considering the facts and circumstances of the case together as to costs in the interest of justice.

2. The petitioner was convicted for the offences punishable under Section 302, 364A of Indian Penal Code and awarded death sentence in SC No.463/2003 by the IV Additional City Civil and Sessions Court, Mayo Hall Unit, Bengaluru. A challenge having been made, this Court in Criminal Appeal No.1197/2008 vide judgment dated 6.6.2013 modified the death sentence to life imprisonment.

The said modified order reads as under:-

“On thorough consideration of the facts, we find that the case does not appears to be one of the rarest of rare case. It may be fact that it is a gruesome murder and two innocent children have been murdered. But none the less, the murder does not appear to be rarest of rare case, which calls for death sentence. Accordingly, the death sentence awarded by the trial court is modified and accused nos.1 to 3 are sentenced to life imprisonment.

It is further directed that accused nos.1 to 3 shall not be given commutation after completion of fourteen years of imprisonment as a matter of routine. The accused have to serve the life sentence and they should be in jail in terms of Section 57 of IPC. Accordingly, the reference and appeals are disposed of.”

3. The petitioner claims to have undergone twenty years of actual imprisonment as on 15.1.2025. His conduct being satisfactory and there being no adverse report as per the Imprisonment Certificate dated 15.1.2025, the petitioner claims that he is entitled to premature release.

4. Sri.Pradeep Patil/Sri.Prathap S.S., learned counsel for the petitioner in this regard relies upon the decision of the Hon’ble Apex Court in the case of Sukhdev Yadav @ Pehalwan vs. State of (NCT of Delhi) & others, 1Criminal Appeal No.3271/2025 dated 29.7.2025more particularly Paras 3.2, 15, 15.1, 15.2, 15.3, 15.4 and 16, which are reproduced hereunder for easy reference:

3.2. The relevant facts of the case are that on 17.02.2002, FIR No. 192/2002 was registered at P.S. Kavi Nagar, District Ghaziabad, Uttar Pradesh under Section 364/34 of the Indian Penal Code, 1860 (hereinafter, “IPC”) on the basis of a complaint filed by Smt. Nilam