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2025 DAILYLAW 17234 (KAR)

SMT. PREMAMMA v. THE STATE OF KARNATAKA

WP/4475/2025 · 2025-03-25

M Nagaprasanna

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:12681 WP No. 4475 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 4475 OF 2025 (GM-POLICE) BETWEEN: SMT. PREMAMMA, W/O L.V. REVANNA, AGED 54 YEARS, R/AT LAKKIRAMANAPALYA, GUNGURUMALE POST, TURUVEKERE TALUK, TUMKUR - 572 224. …PETITIONER (BY SRI. SANKESH A. BOHRA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY THE PRINCIPAL SECRETARY, HOME DEPARTMENT, VIDHANA SOUDHA, BENGALURU - 560 001. 2. THE DIRECTOR GENERAL OF POLICE PRISONS AND CORRECTIONAL SERVICES, NO. 9, SHESHADRI ROAD, GANDHI NAGAR, BENGALURU - 560 009. 3. THE CHIEF SUPERINTENDENT, CENTRAL PRISON, MYSORE - 570 010. …RESPONDENTS Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:12681 WP No. 4475 of 2025 (BY SRI. RAHUL CARIAPPA, AGA) THIS W.P. IS FILED UNDER ARTICLE 226 AND 227 OF TH CONSTITUTION OF INDIA PRAYING TO DIRECTION IN THE NATURE OF MANDAMUS TO R-3 FOR GRANT OF EMERGENCY PAROLE FOR 15 DAYS TO THE PETITIONER NAMELY SRI. NAVEEN KUMAR L R ALIAS NAVEEN S/O SRI. REVANNA WHO IS LODGED IN CENTRAL PRISON, MYSORE IN CTP NO. 01174 AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court seeking emergency parole for release of the convict, the son of the petitioner on parole. The convict gets embroiled in a crime for offences punishable under Section 302 read with Section 120B of the Indian Penal Code, 1860. 2. The convict is in prison for the last 3 years and is now seeking emergency parole on the ground that his brother is expired and the health of the father is deteriorated and the - 3 - NC: 2025:KHC:12681 WP No. 4475 of 2025 prison certificate appended to the petition does not indicate anything adverse against the petitioner in the prison. 3. In that light, as also the fact that brother of the petitioner is expired and the father is unwell, I deem it appropriate to grant emergency parole for a period of 15 days to begin from 28.03.2025 to 11.04.2025. 4. For the aforesaid reasons, the following: ORDER (i) The Writ Petition is allowed in part. (ii) Mandamus issues respondent No.3 to consider the representation of the petitioner and release the petitioner's son on emergency parole for 15 days, from the forenoon of 28.03.2025, till the evening of 11.04.2025. (iii) The respondent No.3 shall stipulate strict conditions as are usually stipulated, to ensure the return of the detenue (CTP No.01174) to the gaol and that he shall not commit any other offence during the period of emergency parole. - 4 - NC: 2025:KHC:12681 WP No. 4475 of 2025 (iv) The petitioner's son (CTP No.01174) 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's son 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 the respondents, 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's son – convict while he is out on emergency parole. Sd/- (M.NAGAPRASANNA) JUDGE JY List No.: 2 Sl No.: 12 CT: BHK