Full Judgment Text
- 1 -
NC: 2026:KHC:14
WP No. 37694 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 5 DAY OF JANUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE B M SHYAM PRASAD
WRIT PETITION NO. 37694 OF 2025 (GM-POLICE)
BETWEEN:
SRI GHOUSE KHAN
S/O SAMIULLA KHAN,
AGED ABOUT 30 YEARS,
R/AT NO. 2174, S S MAKAN,
KOLAR DISTRICT-563101.
THE PETITIONER IS THE BROTHER OF
THE CONVICT PRISONER NO 6246
FAIROZ KHAN, WHO IS SERVING LIFE
SENTENCE IN VIJAYAPURA
CENTRAL PRISON.
Digitally
signed by
VANAMALA
N
Location:
HIGH
COURT OF
KARNATAKA
…PETITIONER
(BY SRI. PRADEEP PATIL., ADVOCATE FOR
SRI. PRATHAP S S.,ADVOCATE)
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NC: 2026:KHC:14
WP No. 37694 of 2025
HC-KAR
AND:
1.
THE UNION OF INDIA
REP BY THE UNDER SECRETARY,
JUDICIAL WING,
GOVERNMENT OF INDIA,
MINISTRY OF HOME AFFAIRS,
ND
HALL NO 17, 2 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.
3. THE LIFE CONVICTS
RELEASE COMMITTEE
HOME DEPARTMENT
VIDHANA SOUDHA
BENGALURU-560001
REPRESENTED BY ITS CHAIRMAN.
4. THE DIRECTOR GENERAL OF
POLICE PRISONS AND
CORRECTIONAL SERVICES
NO. 9, SHESHADRI ROAD,
GANDHI NAGAR,
BENGALURU-560009.
- 3 -
NC: 2026:KHC:14
WP No. 37694 of 2025
HC-KAR
5. THE SUPERINTENDENT
CENTRAL PRISON,
VIJAYAPURA-586103
…RESPONDENTS
(BY SMT. SHRIDEVI BHOSALE M., ADVOCATE
FOR R1)
THIS WP IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO
ISSUE A WRIT, ORDER OR DIRECTION IN THE
ST
NATURE OF MANDAMUS TO THE 1 RESPONDENT
TO CONSIDER THE CASE OF THE PRISONER
NO.6246 FAIROZ KHAN S/O SAMIULLA KHAN FOR
PREMATURE RELEASE AS PER HE APPLICABLE
POLICY; ISSUE A WRIT, ORDER OR DIRECTION IN
THH NATURE OF MANDAMUS TO THE
RESPONDENT NO.5 TO RELEASE THE PRISONER
NO.6246 FAIROZ KHAN S/O SAMIULLA KHAN ON
PAROLE TILL THE FINAL DECISION OF THE
AUTHORITIES IN THE INTEREST OF JUSTICE AND
EQUITY.
THIS PETITION, COMING ON FOR
PRELIMINARY HEARING, THIS DAY, ORDER WAS
MADE THEREIN AS UNDER:
- 4 -
NC: 2026:KHC:14
WP No. 37694 of 2025
HC-KAR
CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD
ORAL ORDER
Sri Pradeep Patil, the learned counsel for the
petitioner, submits that the petition is rendered
infructuous with the demise of the petitioner in
custody on 30.12.2025.
This submission is taken on record, and
accepting the memo of appearance filed by Smt
Shridevi Bhosale M, the learned standing counsel for
the first respondent, the petition stands disposed of
as having become infructuous.
Sd/-
(B M SHYAM PRASAD)
JUDGE
AN/-
NC: 2026:KHC:14
WP No. 37694 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 5 DAY OF JANUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE B M SHYAM PRASAD
WRIT PETITION NO. 37694 OF 2025 (GM-POLICE)
BETWEEN:
SRI GHOUSE KHAN
S/O SAMIULLA KHAN,
AGED ABOUT 30 YEARS,
R/AT NO. 2174, S S MAKAN,
KOLAR DISTRICT-563101.
THE PETITIONER IS THE BROTHER OF
THE CONVICT PRISONER NO 6246
FAIROZ KHAN, WHO IS SERVING LIFE
SENTENCE IN VIJAYAPURA
CENTRAL PRISON.
Digitally
signed by
VANAMALA
N
Location:
HIGH
COURT OF
KARNATAKA
…PETITIONER
(BY SRI. PRADEEP PATIL., ADVOCATE FOR
SRI. PRATHAP S S.,ADVOCATE)
- 2 -
NC: 2026:KHC:14
WP No. 37694 of 2025
HC-KAR
AND:
1.
THE UNION OF INDIA
REP BY THE UNDER SECRETARY,
JUDICIAL WING,
GOVERNMENT OF INDIA,
MINISTRY OF HOME AFFAIRS,
ND
HALL NO 17, 2 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.
3. THE LIFE CONVICTS
RELEASE COMMITTEE
HOME DEPARTMENT
VIDHANA SOUDHA
BENGALURU-560001
REPRESENTED BY ITS CHAIRMAN.
4. THE DIRECTOR GENERAL OF
POLICE PRISONS AND
CORRECTIONAL SERVICES
NO. 9, SHESHADRI ROAD,
GANDHI NAGAR,
BENGALURU-560009.
- 3 -
NC: 2026:KHC:14
WP No. 37694 of 2025
HC-KAR
5. THE SUPERINTENDENT
CENTRAL PRISON,
VIJAYAPURA-586103
…RESPONDENTS
(BY SMT. SHRIDEVI BHOSALE M., ADVOCATE
FOR R1)
THIS WP IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO
ISSUE A WRIT, ORDER OR DIRECTION IN THE
ST
NATURE OF MANDAMUS TO THE 1 RESPONDENT
TO CONSIDER THE CASE OF THE PRISONER
NO.6246 FAIROZ KHAN S/O SAMIULLA KHAN FOR
PREMATURE RELEASE AS PER HE APPLICABLE
POLICY; ISSUE A WRIT, ORDER OR DIRECTION IN
THH NATURE OF MANDAMUS TO THE
RESPONDENT NO.5 TO RELEASE THE PRISONER
NO.6246 FAIROZ KHAN S/O SAMIULLA KHAN ON
PAROLE TILL THE FINAL DECISION OF THE
AUTHORITIES IN THE INTEREST OF JUSTICE AND
EQUITY.
THIS PETITION, COMING ON FOR
PRELIMINARY HEARING, THIS DAY, ORDER WAS
MADE THEREIN AS UNDER:
- 4 -
NC: 2026:KHC:14
WP No. 37694 of 2025
HC-KAR
CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD
ORAL ORDER
Sri Pradeep Patil, the learned counsel for the
petitioner, submits that the petition is rendered
infructuous with the demise of the petitioner in
custody on 30.12.2025.
This submission is taken on record, and
accepting the memo of appearance filed by Smt
Shridevi Bhosale M, the learned standing counsel for
the first respondent, the petition stands disposed of
as having become infructuous.
Sd/-
(B M SHYAM PRASAD)
JUDGE
AN/-