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2025 DAILYLAW 16888 (KAR)

R KUMAR v. THE STATE OF KARNATAKA

WP/3887/2025 · 2025-03-06

M Nagaprasanna

body2025

Judgment text

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- 1 - NC: 2025:KHC:9539 WP No. 3887 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 3887 OF 2025 (GM-POLICE) BETWEEN: R. KUMAR S/O RAJAGOPALA REDDY, AGED ABOUT 50 YEARS, R/A HOLEGANGURU VILLAGE, BHADRAVATHI TALUK, SHIVAMOGGA - 577 425. …PETITIONER (BY SRI. VIVEK N, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS ADDITIONAL CHIEF SECRETARY, DEPARTMENT OF HOME AND PRISON, VIDHANA SOUDHA, BENGALURU - 560 001. 2. THE CHIEF SUPERINTENDENT, CENTRAL PRISON, PARAPPANA AGRAHARA, BENGALURU - 580 100. 3. THE DIRECTOR GENERAL OF POLICE AND INSPECTOR GENERAL OF PRISON AND CORRECTIONAL SERVICES, NO.4, SESHADRI ROAD, BENGALURU - 560 009. Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:9539 WP No. 3887 of 2025 4. INSPECTOR OF POLICE, RURAL POLICE STATION, BHADRAVATHI - 577 301 …RESPONDENTS (BY SRI. MOHAMMED JAFFER, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENTS TAKING INTO CONSIDERATION OF THE PETITIONERS REQUEST TO RELEASE HIM ON EMERGENCY PAROLE FOR 40 DAYS STARTING FROM 17.02.2025 AS PER RULE 191 (2) OF THE KARNATAKA PRISONS RULES. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER Heard Shri Vivek N., learned counsel appearing for the petitioner and Shri Mohammed Jaffer, learned Additional Government Advocate appearing for the respondents. 2. The petitioner has been before this Court on umpteen number of occasions seeking his release on parole. This Court on 20.12.2023 had granted emergency parole on the very same reason that his daughter was suffering from certain - 3 - NC: 2025:KHC:9539 WP No. 3887 of 2025 illness. The story is now changed that the mother is suffering from illness. 3. In the light of the aforesaid circumstances of the mother being ill and the desire of the mother to be with the son, I deem it appropriate to grant the petitioner emergency parole for a period of 15 days to begin from 08.03.2025 to 22.03.2025. 4. For the aforesaid reasons, the following: ORDER (i) The Writ Petition is allowed in part. (ii) Mandamus issues respondents No.2 and 3 to consider the representation of the petitioner and release the petitioner on emergency parole for 15 days, from the forenoon of 08.03.2025, till the evening of 22.03.2025. (iii) The respondents No.2 and 3 shall stipulate strict conditions as are usually stipulated, to ensure the return of the detenue (CTP No.8406) to the gaol and that he shall not commit any other offence during the period of emergency parole. - 4 - NC: 2025:KHC:9539 WP No. 3887 of 2025 (iv) The petitioner (CTP No.8406) shall mark his attendance in the jurisdictional police station, weekly once throughout the period of his emergency parole and it would be the responsibility of the jurisdictional police to take him to gaol, in the event, the petitioner would evade going back to the gaol, after the expiry of the period of emergency parole. (v) Registry is directed to communicate this order to respondent Nos.2 and 3, by way of electronic mail, forthwith. (vi) The petitioner is at liberty to seek extension of parole, which shall be considered looking at the conduct of the petitioner – convict while he is out on emergency parole. SD/- ____________________ JUSTICE M.NAGAPRASANNA JY List No.: 1 Sl No.: 11 CT: BHK