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2025 DAILYLAW 18089 (KAR)

R SATHISH v. THE PRL SECRETARY

WP/5268/2025 · 2025-03-05

M Nagaprasanna

Transfer Petitionbody2025

Judgment text

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- 1 - NC: 2025:KHC:9521 WP No. 5268 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 5268 OF 2025 (GM-POLICE) BETWEEN: R. SATHISH, AGED ABOUT 48 YEARS, S/O. RAJENDRA, NO.330, 16TH 'A' MAIN, 4TH "T" BLOCK, JAYANAGAR, BENGALURU - 560 041. …PETITIONER (BY SRI. H. PAVANA CHANDRA SHETTY, ADVOCATE) AND: 1. THE PRL. SECRETARY, HOME DEPARTMENT, GOVERNMENT OF KARNATAKA, VIDHANA SOUDHA, BENGALURU - 560 001. 2. THE CHIEF SUPERINTENDENT, CENTRAL PRISON, PARAPPANA AGRAHARA, ELECTRONIC CITY, BENGALURU - 560 100. …RESPONDENTS (BY SRI. SHAMANTH HEGDE, HCGP) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-2 TO RELEASE THE PETITIONER R SATHIS (CTP.14939) LODGED AT BENGALURU CENTRAL PRISON, ON GENERAL PAROLE FOR A Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:9521 WP No. 5268 of 2025 PERIOD OF 60 DAYS TO LOOK AFTER HIS AILING MOTHER AND SUPPORT HIS FAMILY DURING THIS TIME OF GRIEF IN THE INTEREST OF JUSTICE. 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, who is convicted for an offence punishable under Section 138 of the Negotiable Instruments Act, 1881, is at the doors of this Court seeking release on parole on a second occasion. The first occasion being grant of emergency parole for a period of 15 days. 2. Heard Sri. H. Pavana Chandra Shetty, learned counsel appearing for the petitioner, Sri. Shamanth Hegde, learned HCGP appearing for the respondents and have perused the material on record. 3. Learned HCGP would object to grant of any parole to the petitioner as he has returned to gaol only on 21.02.2025 - 3 - NC: 2025:KHC:9521 WP No. 5268 of 2025 and would project that the petitioner would clear the cooling-off period for grant of another round of parole. 4. The submission is unacceptable for the reason that emergency parole of 15 days does not require a cooling-off period, as the cooling-off period as obtaining under the Police Manual is only with regard to grant of the general parole. 5. In that light, I deem it appropriate to grant the petitioner general parole owing to the difficulties of the mother of the petitioner for a period of 30 days, which would become operational from 08.03.2025 to 06.04.2025. 6. For the aforesaid reasons, the following: ORDER (i) Writ Petition is allowed in part. (ii) Mandamus issues respondent No.1 to consider the representation of the petitioner and release him on general parole for 30 days, from the forenoon of 08.03.2025, till the evening of 06.04.2025. (iii) The respondent No.1 shall stipulate strict conditions as are usually stipulated, to ensure - 4 - NC: 2025:KHC:9521 WP No. 5268 of 2025 the return of the detenue (CTP No.14939) to the gaol and that he shall not commit any other offence during the period of general parole. (iv) The petitioner (CTP No.14939) shall mark his attendance in 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 petitioner would evade going back to the gaol, after the expiry of the period of general parole. (v) Registry is directed to communicate this order to respondent No.1, 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 general parole. Sd/- ______________________ JUSTICE M.NAGAPRASANNA SJK List No.: 1 Sl No.: 81