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2025 DAILYLAW 13268 (KAR)

SMT KALAVATHI v. THE STATE OF KARNATAKA

WP/414/2025 · 2025-01-13

R Devdas

Transfer Petitionbody2025

Judgment text

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- 1 - NC: 2025:KHC:1124 WP No. 414 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 414 OF 2025 (GM-POLICE) BETWEEN: SMT KALAVATHI D/O LAXMANAPPA, AGED 38 YEARS, R/AT DANDIGANAHALLI, HAROHALLI, BENGALURU RURAL DISTRICT, BENGALURU-562 135 …PETITIONER (BY SRI. K RAVISHANKAR., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY IS SECRETARY DEPT OF HOME VIDHANA SOUDHA BENGALURU - 560 001. 2. THE CHIEF SUPERINTENDENT, CENTRAL PRISON, PARAPPANA AGRAHARA BENGALURU 560100 3. THE DIRECTOR GENERAL OF POLICE AND INSPECTOR GENERAL OF POLICE, KARNATAKA PRISON CORRECTIONAL SERVICES, BENGALURU-560100 4. THE INSPECTOR OF POLICE, AVALAHALLI POLICE STATION, Digitally signed by DHARMALINGAM Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:1124 WP No. 414 of 2025 HOSKOTE TALUK, BENGALURU RURAL DISTRICT - 560 064 …RESPONDENTS (BY SRI.SHAMANTH NAIK., HCGP) THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ENDORSEMENT DTD. 18.12.2024 BEARING NO. CPB/CTP- SEC/16218/2024 ISSUED BY THE R-2 PRODUCED VIDE ANNX- D) TO THE WRIT PETITION AND DIRECT THE R-2 AND 3 TO RELEASE THE PETITIONERS BROTHER MURALI B.N. S/O LAKSHMANA HAVING CTP NO. 11118 ON PAROLE BY GRANTING GENERAL PAROLE FOR A PERIOD OF 90 DAYS TO ATTEND AND CONDUCT OBSEQUIES CEREMONY OF HIS MOTHER AS PER THE KARNATAKA PRISONS AND CORRECTIONAL SERVICE MANUAL 2021. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R DEVDAS ORAL ORDER The petitioner is before this Court aggrieved of the rejection of the representation given by the petitioner to 2nd respondent – the Chief Superintendent, Central Prison, Parappana Agrahara, Bengaluru – 560100, for release of the petitioner’s brother Sri Murali.B.L, S/o Lakshmana having CTP No.11118 on general parole for a period of 90 days. - 3 - NC: 2025:KHC:1124 WP No. 414 of 2025 2. Learned counsel for the petitioner submits that earlier Sri Murali.B.L, had himself approached this Court in W.P.No.2100/2024 seeking parole for a period of 90 days on the ground that the petitioner’s mother had died. This Court by order dated 22.01.2024 issued a writ of mandamus directing the 2nd respondent to consider the representation and grant parole for a period of 30 days. Learned counsel submits that on account of the petitioner’s mother’s death, the first anniversary is to take place on 16.01.2025 and an invitation in that regard is found at Annexure-F. It is therefore submitted that the petitioner is before this Court seeking grant of parole to her brother, to enable him to participate in the ceremony. 3. Learned Additional Government Advocate however submits that if it is for the purpose of participating in the first anniversary of the death of the petitioner’s mother and the date is fixed as 16.01.2025, this Court should consider grant of parole only for a period - 4 - NC: 2025:KHC:1124 WP No. 414 of 2025 of one week and not for a period of 30 days or 90 days as sought for by the petitioner. 4. Learned counsel for the petitioner seeks to draw the attention of this Court to Chapter 34 of the Karnataka Prisons And Correctional Services Manual – 2021 ( for short ‘Manual 2021’) to submit that in terms of Clause 636 of the Manual 2021, the objectives of parole are enumerated and at Clause 640 is the period of general parole. 5. Having heard the learned counsel for the petitioner, the learned Additional Government Advocate and on perusing the petition papers, this Court finds that even in terms of the Manual 2021, Clause 640, the general parole may be granted to the convict for a period not exceeding 30 days which may be extended for another period of 60 days and not exceeding total period of 90 days. Therefore, unless there are sufficient ground for grant of general parole for a period of 30 days, it cannot be accepted, having regard to the facts stated in the - 5 - NC: 2025:KHC:1124 WP No. 414 of 2025 petition that there is a need for grant of general parole for 30 days in favour of the petitioner’s brother. 6. Consequently, the writ petition stands disposed of with a direction to respondent No.2 – the Chief Superintendent, Central Prison, Parappana Agrahara, Bengaluru, to grant parole for a period of 15 days in respect of Sri Murali.B.L, CTP.No.11118, commencing from 14.01.2025 to 29.01.2025, 7. The respondent Nos.2 and 3 shall stipulate strict conditions as are usually stipulated, to ensure return of the detune to the prison and that he shall not commit any other offence during the period of parole. 8. Registry is directed to communicate this order to respondent Nos.2 and 3, by way of electronic mail, forthwith. Sd/- (R DEVDAS) JUDGE KLY CT: JL