Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:14658 WP No. 7421 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 7421 OF 2025 (GM-POLICE) BETWEEN:
B.T. RASHIKUMAR, S/O LATE THIMMAIAH, AGED ABOUT 36 YEARS, KARKANAHALI, BEMBALURU POST, SHANIVARSANTHE HOBLI, SOMAWARPETE TALUQA, KODAGU DISTRICT - 571 234. …PETITIONER (BY SRI. PRADEEP PATIL, ADVOCATE) AND:
1.
THE STATE OF KARNATAKA 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.
3.
THE DIRECTOR GENERAL OF POLICE PRISONS AND CORRECTIONAL SERVICES,
Digitally signed by NAGAVENI Location: High Court of Karnataka
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NC: 2025:KHC:14658 WP No. 7421 of 2025
NO.9, SHESHADRI ROAD, GANDHI NAGAR, BENGALURU - 560 009.
4.
THE CHIEF SUPERINTENDENT, CENTRAL PRISON, PARAPPANA AGRAHARA, BENGALURU - 560 100. …RESPONDENTS (BY SRI. RAHUL CARIAPPA, AGA)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO 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 ANNX-A AND BE FURTHER PLEASED TO DIRECT THE PREMATURE RELEASE OF THE PETITIONER IN TERMS OF THE ANNX-A AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA
ORAL ORDER
The petitioner-convict is before this Court seeking his release on parole for the tenth time. The petitioner gets convicted for the offence punishable under Section 302 inter alia in SC No.99/2007 and has been in prison for more than 14years. The petitioner has also availed parole on nine
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NC: 2025:KHC:14658 WP No. 7421 of 2025
occasions earlier and has not suffered any adverse entries, at any point in time.
2. Heard Shri Pradeep Patil, learned counsel appearing for the petitioner and Shri Rahul Cariappa, learned Additional Government Advocate appearing for the respondents.
3. The learned counsel appearing for the petitioner submits that the petitioner is entitled to be considered for premature release and the advisory board has not favourably considered his name on the ground that a crime registered 16years ago, when he was in JC, is the reason for non-
consideration of the case of the petitioner by the advisory board.
4. The learned Additional Government Advocate would dispute the position with regard to the crime that is pending. However, would submit that there is nothing adverse that has been indicated against the petitioner, in any time, when the petitioner was out on parole.
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NC: 2025:KHC:14658 WP No. 7421 of 2025
5. In that light, I deem it appropriate to grant general parole to the petitioner for a period of 60days to begin from 09.04.2025 to 07.06.2025.
6. For the aforesaid reasons, the following:
ORDER (i) The Writ Petition is allowed in part.
(ii) The impugned endorsement bearing No.HD/119/PRA-2018 dated 21.04.2020 issued by the respondents stands quashed.
(iii) Respondents No.3 and 4 to consider the representation of the petitioner and release the petitioner on general parole for 60days, from the forenoon of 09.04.2025, till the evening of 07.06.2025.
(iv) The respondents No.3 and 4 shall stipulate strict conditions as are usually stipulated, to ensure the return of the detenue (CTP No.8174) to the gaol and that he shall not commit any other offence during the period of general parole.
(v) The petitioner (CTP No.8174) shall mark his attendance in the jurisdictional police station, weekly once throughout the period of his general parole and it would be the
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NC: 2025:KHC:14658 WP No. 7421 of 2025
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.
(vi) Registry is directed to communicate this order to the respondents, by way of electronic mail, forthwith.
(vii) 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/- (M.NAGAPRASANNA) JUDGE
JY List No.: 1 Sl No.: 35 CT: BHK