ISHWAR S/O YALLAPPA SUNKAD vs THE STATE OF KARNATAKA
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC-D:17109
WP No. 105586 of 2026
CNR: KAHC020118762026
IN THE HIGH COURT OF KARNATAKA AT DHARWAD
TH
DATED THIS THE 14 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE M.G.S. KAMAL
WRIT PETITION NO. 105586 OF 2026 (GM-RES)
BETWEEN:
1. ISHWAR S/O YALLAPPA SUNKAD
AGED ABOUT 36 YEARS,
R/AT. KONNUR, NARAGUND TALUK,
GADAG DISTRICT 582207.
(CENTRAL PRISON, DHARWAD CTP NO.3243)
2. LAXMAN S/O YALLAPPA SUNKAD
AGED ABOUT 49 YEARS,
R/AT. KONNUR, NARAGUND TALUK,
GADAG DISTRICT 582207.
(CENTRAL PRISON, DHARWAD CTP NO.3242)
…PETITIONERS
(BY SRI. PRATHAP S.S., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
BY THE PRINCIPAL SECRETARY,
HOME DEPARTMENT,
VIDHANA SOUDHA, BENGALURU 560001.
2. THE LIFE CONVICTS PREMATURE RELEASE COMMITTEE
HOME DEPARTMENT,
VIDHANA SOUDHA, BENGALURU 560001,
REPRESENTED BY ITS CHAIRMAN.
3. THE CHAIRMAN
ADVISORY BOARD (LIFE CONVICT PREMATURE RELEASE),
CENTRAL PRISON, DHARWAD 580008.
4. THE DIRECTOR GENERAL OF POLICE
PRISONS AND CORRECTIONAL SERVICES
NO.9 SHESHADRI ROAD, BENGALURU 560009.
Digitally
signed by
SAROJA
HANGARAKI
Location:
high court of
karnataka,
dharwad
bench
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NC: 2026:KHC-D:17109
WP No. 105586 of 2026
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5. THE SUPERINTENDENT,
CENTRAL PRISON, DHARWAD 580008.
…RESPONDENTS
(BY SRI. PRASHANTH V. MOGALI, HCGP)
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 CERTIORARI TO QUASH
THE ENDORSEMENT DATED 22-05-2026 VIDE NO.KE.KAA.DHA/NYA-
V-1/664/2026-27 ISSUED BY THE RESPONDENT NO.5 IS PRODUCED
AS ANNEXURE-E AND ETC.
THIS WP COMING ON FOR PRELIMINARY HEARING, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL
ORAL ORDER
1. Petitioners, who were convicted for the offences
punishable under Sections 302, 452 read with Section 34
of the Indian Penal Code and having sentenced to
undergo life imprisonment, are before this Court seeking
following reliefs:
"A. ISSUE A WRIT ORDER OR DIRECTION IN THE NATURE OF
CERTIORARI TO QUASH THE ENDORSEMENT DATED 22-05-
2026 VIDE NO.KE.KAA.DHA/NYA-V-1/664/2026-27 ISSUED BY
THE RESPONDENT NO.5 IS PRODUCED AS ANNEXURE-E.
B. ISSUE A WRIT, ORDER OR DIRECTION IN THE NATURE OF
MANDAMUS TO THE RESPONDENTS NO 1 TO 4 TO
CONSIDER THE CASE OF THE CONVICT S PRISONER NO.
3243 ISHWARA S/O YALLAPPA SUNKAD AND NO. 3242
LAKSHMAN S/O YALLAPPA SUNKAD FOR PREMATURE
RELEASE WITHOUT TAKING INTO CONSIDERATION FOR
PENDENCY OF THE PROCEEDINGS IN SC NO.36/2011
PENDING ON THE FILE OF THE HON BLE PRL DISTRICT AND
SESSIONS COURT GADAG.
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NC: 2026:KHC-D:17109
WP No. 105586 of 2026
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C. ISSUE A WRIT, ORDER OR DIRECTION IN THE NATURE OF
MANDAMUS TO THE RESPONDENTS TO RELEASE THE
PRISONERS NO. 3243 ISHWARA S/O YALLAPPA SUNKAD AND
NO. 3242 LAKSHMAN S/O YALLAPPA SUNKAD ON PAROLE
TILL PREMATURE RELEASE IN THE INTEREST OF JUSTICE
AND EQUITY."
2. Learned counsel for the petitioners appearing through
video conferencing submits that the petitioners have
already undergone 17 years, 5 months, 6 days of
imprisonment and are thus entitled for premature
release. That an endorsement has been issued on
22.05.2026 as per Annexure-E informing the petitioners
regarding their request for premature release having
been rejected by the Advisory Committee in view of
pendency of a case in S.C.No.36/2011 on the file of
Principal District and Sessions Judge, Gadag.
3. Learned counsel for the petitioners referring to judgment
of the Apex Court in the case of Sharafat Ali Vs State
of Uttar Pradesh and anr reported in (2022) 13 SCC
186 contends that request for premature release of the
petitioners shall be considered based on the policy which
was prevalent on the date of conviction.
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NC: 2026:KHC-D:17109
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3.1 He then refers to the proceedings of the Government of
Karnataka dated 18.09.2024 to contend that as on the
date when the petitioner was convicted there was no
policy or restriction not to grant premature release even
in the case of pendency of any matter.
3.2He then refers to an order dated 20.01.2026 passed by
the Co-ordinate Bench of this Court in
W.P.No.35536/2025 wherein the Co-ordinate Bench of
this Court had allowed the petition of a petitioner who
was similarly situated as that of the petitioners herein
observing that notwithstanding the Advisory Board's
recommendation, the respondents to grant premature
release of the petitioner if he was granted bail in the
pending proceedings.
3.3 Referring to the aforesaid precedent, learned counsel for
the petitioners submits similar order also be passed
directing the respondents to grant premature release, if in
the event of the petitioners being granted bail in the
pending case.
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3.4 He also relies upon the order sheet dated 21.11.2024
passed in S.C.No.36/2011 and submits that petitioners
herein have been granted bail.
4. Learned HCGP does not dispute the aforesaid legal
position.
5. The Co-ordinate Bench of this Court in
W.P.No.35536/2025 has passed the following:
ORDER
"The petitioner's brother is sentenced to life imprisonment
for the offence punishable under Section 302 of IPC in SC
No.567/2009. The petitioner was in prison as an under trial
prisoner from 31.12.2008 and as a convict with the
conviction on 24.08.2010. The petitioner has been in
prison for over 18 years and his request for grant of
premature release has been considered by the Advisory
Board only to recommend rejection because of the pending
proceedings in SC No.960/2022 for the offences
punishable under Sections 75, 341, 342, 346(A), 395, 201
and 120(b) of IPC.
This Court on 13.01.2026 has called upon
Sri.B.Ravindranath, the learned Additional Government
Advocate, to respond on why this Court must not consider
permitting the benefit of premature release to the
petitioner subject to the condition that he shall be so
released only if he is admitted to bail in the aforesaid
proceedings.
Sri.B.Ravindranath submits, on instructions, that the
Advisory Board's recommendation to reject the petitioner's
application for premature release is only because of
pending proceedings and this Court could direct the
respondents to release the petitioner or to prematurely
release the petitioner if he is admitted to bail in the
pending proceedings.
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HC-KAR
NC: 2026:KHC-D:17109
WP No. 105586 of 2026
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As it remains undisputed that the petitioner is qualified for
the benefit of premature release but he has not been
extended such benefit because of the pending proceedings,
this Court is persuaded to accept the submission on behalf
of the respondents and dispose of the petition by the
following:
ORDER
The petition is allowed in part directing the respondents,
notwithstanding the Advisory Board's recommendation, to
prematurely release the petitioner if he is granted bail in
the pending proceedings in SC No.960/2022 [Cr.No.73/
2021]."
6. In the instant case, petitioners who are convicted of the
offence punishable under Section 302 have undergone
incarceration for over 17 years. Their request for
premature release has been declined on the premise of
pendency of a case in S.C.No.36/2011 as seen in the
impugned endorsement dated 22.05.2026 at
Annexure-E. Ordersheet dated 21.11.2024 in SC
No.36/2011 indicate that petitioners have been granted
bail.
7. In the light of the judgment of the Apex Court and the
Life Convicts Premature Release Guidelines dated
21.04.2020 and the order passed by the Co-ordinate
Bench of this Court in the above writ petition
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NC: 2026:KHC-D:17109
WP No. 105586 of 2026
CNR: KAHC020118762026
No.35536/2025, this Court deems it appropriate to allow
this writ petition.
8. On the lines similar to that of the order passed by the Co-
ordinate Bench of this Court in WP No.35536/2025.
Accordingly writ petition is allowed . Respondents are
directed to consider premature release of the petitioners
taking into consideration the order passed by the Co-
ordinate Bench of this Court in W.P.No.35536/2025. Such
order shall be passed in the very next meeting which is
scheduled by the Advisory Committee.
Sd/-
(M.G.S. KAMAL)
JUDGE
SBN
CT:VP
LIST NO.: 1 SL NO.: 42