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2025 DAILYLAW 20960 (KAR)

SHIVU @ SHIVARAJU B v. STATE OF KARNATAKA

WP/8378/2025 · 2025-03-20

M Nagaprasanna

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:11705 WP No. 8378 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 8378 OF 2025 (GM-POLICE) BETWEEN: SHIVU @ SHIVARAJU B S/O BEERALINGAPPA, CTP NO.14271 AGED ABOUT 32 YEARS, NO.06, HANUMANTHAPPA BUILDING, 3RD CROSS, 2ND MAIN, VIDYANAGAR T. DSARAHALLI, BANGALURU CITY - 560057 PERMANENT ADDRESS AT BARAGURU GRAMA AND POST, HULIKUNTE HOBLI, SIRA TALUK, TUMKUR DISTRICT - 572137 REP. BY HIS SISTER SMT. VINEETHA B …PETITIONER (BY SRI. KIRAN S S.,ADVOCATE) Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:11705 WP No. 8378 of 2025 AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARIAT, DEPARTMENT OF HOME, VIDHANA SOUDHA BANGALORE - 560001. 2. THE CHIEF SUPERINTENDENT CENTRAL PRISON, PARAPPANAGHRAHARA BANGALORE - 580100 3. THE COMMISSIONER OF POLICE ALI ASKAR ROAD, VASANTH NAGAR, BANGALORE - 560001. …RESPONDENTS (BY SRI. RAHUL CARIAPPA, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT AS ANNEXURE-B ISSUED BY THE 2ND RESPONDENT DATED 6/02/2025 BY DIRECTING THE RESPONDENT NO.2/CENTRAL PRISON, BANGALORE, TO RELEASE THE PETITIONER ON PAROLE FOR A PERIOD OF 90 DAYS IN PRISONER CTP NO.14271 CONVICTED BY THE JUDGEMENT AND ORDER DATED 29.02.2024 PASSED BY THE HONBLE ADDITIONAL CITY CIVIL AND SESSION JUDGE AT FTSC-II BENGALURU, IN SPL C.C.NO.150/2021 FOR THE OFFENCES PUNISHABLE U/SEC.6 OF POSCO ACT 2012, U/S 363,376,506 OF IPC ACT, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC:11705 WP No. 8378 of 2025 CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner - convict is before this court seeking his release on grant of parole for a period of 90 days. 2. Heard the learned counsel Sri.Kiran S.S., appearing for the petitioner and the learned Additional Government Advocate Sri.Rahul Cariappa, appearing for the respondents. 3. The petitioner gets embroiled in a crime which is tried in Crime No.382 of 2021 for offences punishable under Section 6 of the Protection of Children from Sexual Offences Act, 2012 and Sections 506, 363, 376 of the IPC. The concerned Court of Session convicts the petitioner in terms of the order dated 29.02.2024 sentencing him to 20 years imprisonment. The petitioner has appended the prison certificate, which does not indicate any adverse entry against the petitioner. The petitioner is now completed 3 years and 2 months in prison. The reason for seeking parole is, the - 4 - NC: 2025:KHC:11705 WP No. 8378 of 2025 mother of the petitioner is suffering from cancer and wanting the son to be with her. 4. The learned counsel would further submit that the father of the petitioner has expired yesterday. No document is produced to that effect, nor any pleading. Be that as it may. 5. In the light of the mother suffering from cancer, I deem it appropriate to grant the petitioner general parole for a period of 15 days initially, subject to extension owing to the conduct of the petitioner to become operational from 21.03.2025. 6. For the aforesaid reasons, the following: ORDER (i) The Writ Petition is allowed in part. (ii) Mandamus issues respondent No.2 to consider the representation of the petitioner and release the petitioner on general parole for 15 days, from the forenoon of 21.03.2025, till the evening of 04.04.2025. (iii) Respondent No.2 shall stipulate strict conditions as are usually stipulated, to ensure the return of the - 5 - NC: 2025:KHC:11705 WP No. 8378 of 2025 detenue (CTP NO.14271) to the gaol and that he shall not commit any other offence during the period of general parole. (iv) The petitioner (CTP NO.14271) 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.2, 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. Sd/- (M.NAGAPRASANNA) JUDGE KG List No.: 2 Sl No.: 4