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High Court of Karnataka · body

2025 DAILYLAW 15155 (KAR)

SMT. SHAKUNTHALA v. THE STATE OF KARNATAKA

WP/2273/2025 · 2025-03-04

M Nagaprasanna

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:9220 WP No. 2273 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 2273 OF 2025 (GM-POLICE) BETWEEN: SMT. SHAKUNTHALA W/O MANI M., AGED ABOUT 56 YEARS, RESIDING AT NO. 193, 4TH CROSS, BHUVANESHWARI NAGARA, BENGALURU SOUTH, SUBRAMANYAPURA, BENGALURU – 560 061. …PETITIONER (BY SRI. RAGHAVENDRA GOWDA K., ADVOCATE FOR SRI MOHANKUMARA D., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HOME, VIDHANA SOUDHA, BENGALURU – 560 001. 2. THE CHIEF SUPERINTENDENT OF PRISON CENTRAL PRISON, PARAPPANA AGRAHARA, ELECTRONIC CITY POST, BENGALURU – 100. Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:9220 WP No. 2273 of 2025 3. THE SUPERINTENDENT OF POLICE ADDRESS NO.5, MILLERS ROAD, VASANTH NAGAR, BENGALURU – 560 052. 4. THE STATION HOUSE OFFICER KUMARASWAMY LAYOUT POLICE STATION ADDRESS: KUMARASWAMY LAYOUT, BENGALURU – 560 078. …RESPONDENTS (BY SRI MOHAMMED JAFFAR, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-2 TO RELEASE THE CONVICTED PRISONER M.NAVEENA (CTP NO. 11478) ON A PAROLE FOR A PERIOD OF 90 DAYS AS REQUESTED IN REPRESENTATION DTD. 07.12.2024 VIDE ANNX-C; DIRECT THE R-3 TO RELEASE THE CONVICTED PRISONER -M. NAVEENA (CTP NO. 11478) ON A PAROLE FOR A PERIOD OF 90 DAYS AS REQUESTED IN REPRESENTATION DTD. 07.12.2024 VIDE ANNX-C1; DIRECT THE R-4 TO RELEASE THE CONVICTED PRISONER-M.NAVEENA (CTP NO. 11478) ON A PAROLE FOR A PERIOD OF 90 DAYS AS REQUESTED IN REPRESENTATION DTD. 07.12.2024 VIDE ANNX-C2. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC:9220 WP No. 2273 of 2025 CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER Petitioner is before this Court seeking release of her son on grant of parole. 2. Heard Sri Raghavendra Gowda K., learned counsel appearing for petitioner and Sri Mohammed Jaffer, learned Additional Government Advocate appearing for respondents. 3. The son of the petitioner gets embroiled in a crime which is tried in Sessions case No.1269 of 2013 and is convicted for offences punishable under Section 302 of the IPC inter alia. The petitioner had initially sought parole owing to her ill-health and the necessity of the son being with her. The parole is granted and no adverse entries are indicated at the time when the son of the petitioner was out on parole. It is also a matter of record that the son of the petitioner is back to the gaol after completion of parole. - 4 - NC: 2025:KHC:9220 WP No. 2273 of 2025 4. In the light of the aforesaid circumstance and also since the petitioner is ailing, the necessity of her son being with the mother is imperative. Hence, I deem it appropriate to grant the convict/son of the petitioner parole for a period of 45 days to become operational from 06-03-2025, with certain conditions. 5. For the aforesaid reasons, the following: ORDER (i) The Writ Petition is allowed-in-part. (ii) Mandamus issues to the respondent No.2 to release the son of the petitioner (CTP No.11478) on general parole for a period of 45 days, commencing from the forenoon of 06.03.2025, till the evening of 20.04.2025. (iii) The convict (CTP No.11478) shall mark his attendance before the jurisdictional police station, weekly once, throughout the period of his general parole and it would be the responsibility of the jurisdictional police to take him to gaol, in the event, the convict would evade going back to the gaol, after the expiry of the period of parole. - 5 - NC: 2025:KHC:9220 WP No. 2273 of 2025 (iv) Respondent No.2 shall stipulate strict conditions as are usually stipulated, to ensure return of the convict to the gaol and that he shall not commit any other offence during the period of parole. (v) The petitioner is at liberty to seek extension of parole, which shall be considered looking at the conduct of the convict while he is out on parole. (vi) Registry is directed to communicate this order to the respondent No.2, by way of electronic mail, forthwith. Sd/- ____________________ JUSTICE M.NAGAPRASANNA BKP List No.: 1 Sl No.: 89