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2025 DAILYLAW 19338 (KAR)

SRI RAFEEQ @ ABDUL RAFEEQ v. THE STATE OF KARNATAKA

WP/6617/2025 · 2025-03-07

M Nagaprasanna

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:9780 WP No. 6617 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 6617 OF 2025 (GM-POLICE) BETWEEN: SRI. RAFEEQ @ ABDUL RAFEEQ, S/O ABDUL REHMAN, AGED 45 YEARS, R/AT NO.48, J.K. PURA, MASJID ROAD, BENGALURU - 560 027. PRESENTLY SERVING SENTENCE IN BENGALURU CENTRAL PRISON (CTP NO.5556) CURRENTLY ON PAROLE. …PETITIONER (BY SRI. PRADEEP C. PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY THE PRINCIPAL SECRETARY, HOME DEPARTMENT, VIDHANA SOUDHA, BENGALURU - 560 001. 2. THE LIFE CONVICTS PREMATURE RELEASE COMMITTEE, HOME DEPARTMENT, VIDHANA SOUDHA, BENGALURU - 560 001. REPRESENTED BY ITS CHAIRMAN. Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:9780 WP No. 6617 of 2025 3. THE DIRECTOR GENERAL OF POLICE, PRISONS CORRECTIONAL SERVICES, NO.9, SHESHADRI ROAD, GANDHI NAGAR, BENGALURU - 560 009. 4. THE CHIEF SUPERINTENDENT, CENTRAL PRISON, PARAPPANA AGRAHARA, BENGALURU - 560 100. …RESPONDENTS (BY SRI.SHAMANTH NAIK, HCGP) *** THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT, ORDER OF DIRECTION IN THE NATURE OF MANDAMUS TO THE RESPONDENTS TO BE PLEASED TO ACT IN STRICT COMPLIANCE OF THE NOTIFICATION BEARING NO.HD 119 PRA 2018, BENGALURU, DATED 21.04.2020 PRODUCED AS ANNEXURE-A AND BE FURTHER PLEASED TO DIRECT THE PREMATURE RELEASE OF THE PETITIONER IN TERMS OF THE ANNEXURE - A AND ETC., THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner, a convict in S.C.No.511/2006, on the file of the Fast Track Court-XVII, Bengaluru, for the offence punishable under Section 307 of IPC, inter alia, is before this Court, seeking his release on grant of Parole on the score that, - 3 - NC: 2025:KHC:9780 WP No. 6617 of 2025 his case has been recommended by the Committee for premature release. 2. This very petitioner was before this Court in Writ Petition No.34032/2024(GM-POLICE) and the Co-ordinate Bench of this Court, noting the fact that the petitioner's case was recommended for premature release, had granted parole for a period of 90 days. 3. The petitioner is now seeking an extension of the same. 4. In the light of the fact that the case of the petitioner has been recommended for premature release, I deem it appropriate to grant the petitioner Parole for another 90 days, on the same conditions. Accordingly, I pass the following: ORDER a) Petition is allowed. b) The respondents are hereby directed to release the petitioner CTP.5556 on parole for a period of another 90 days from the date of his release. - 4 - NC: 2025:KHC:9780 WP No. 6617 of 2025 c) The petitioner is granted liberty to file an application for an extension of parole if the 2nd respondent does not take any action within 90 days from today. d) Violation of any of the parole conditions would result in cancellation of parole automatically. e) Registry to communicate this order to the jail authorities through electronic mail. Sd/- ______________________ JUSTICE M.NAGAPRASANNA BMV* List No.: 1 Sl No.: 20