Extracted from the PDF above. The PDF is authoritative.
- 1 -
NC: 2025:KHC:13885 WP No. 8832 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 8832 OF 2025 (GM-POLICE) BETWEEN:
MADDURAMMA D/O LATE MARIYAPPA AGED ABOUT 34 YEARS SISTER OF CONVICT MADDURA S/O LATE MARIYAPPA (CTP NO.6960) AGED ABOUT 34 YEARS, R/O DASEGOWDANADODALLI KAILANCHA HOBLI, RAMANAGARA TALUK THAMMANAYAKANAHALLI, RAMANAGAR KARNATAKA – 562 159. …PETITIONER (BY SMT. UMME SALMA, ADVOCATE) AND:
1.
THE STATE OF KARNATAKA HOME DEPARTMENT THROUGH PRINCIPAL SECRETARY VIDHANA SOUDHA BENGALURU – 560 001.
2.
CHIEF SUPERINTENDENT CENTRAL PRISON BENGALURU – 560 100. …RESPONDENTS (BY SRI RAHUL CARIAPPA K. S., AGA)
Digitally signed by NAGAVENI Location: High Court of Karnataka
- 2 -
NC: 2025:KHC:13885 WP No. 8832 of 2025
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-2 TO RELEASE THE BROTHER OF THE PETITIONER MADDURAMMA S/O LATE MARIYAPPA (CTP NO. 6960) ON GENERAL PAROLE FOR A PERIOD OF 90 DAYS IN THE INTEREST OF JUSTICE.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA
ORAL ORDER The petitioner is the sister of the convict (CTP No.6960) – Maddura, is before this Court seeking a direction by issuance of a writ in the nature of mandamus to respondent No.2 to release the convict on general parole for a period of 60 days in terms of the Prison Manual.
2. Heard Smt. Umme Salma, learned counsel for the petitioner and Sri Rahul Cariappa, learned Additional Government Advocate for the respondents – State.
3. The brother of the petitioner gets embroiled in a crime for the offences under Sections 323, 324, 366, 427, 506B, 397,
- 3 -
NC: 2025:KHC:13885 WP No. 8832 of 2025
376(2)(g) r/w. 149 of the IPC. He is tried and convicted in S.C.No.487/2013, for the said offences, in terms of the
judgment of the concerned Court dated 06.09.2013. The petitioner files an application before the Chief Superintendent of Central Prison seeking general parole on 13.03.2025 and is pending consideration. Therefore, the petitioner – sister of the convict is knocking at the doors of this Court seeking enlargement of her brother on general parole on the score that the house in which she is living requires renovation.
4. Learned counsel for the petitioner submits that the convict is in prison for the last 11 years, 3 months and 14 days and he is eligible for consideration for premature release. She would submit that the brother of the petitioner, the convict has not availed any parole when he was in the prison and this is the first time he is seeking for general parole.
5. The submission of the learned counsel for petitioner merits acceptance. The imprisonment certificate appended to the petition also indicates that the conduct of the convict is satisfactory and there are no adverse entries against the
- 4 -
NC: 2025:KHC:13885 WP No. 8832 of 2025
convict. Therefore, I deem it appropriate to grant general parole for a period of 60 days.
6. For the aforesaid reasons, the following:
ORDER (i) The Writ Petition is allowed in part. (ii) Mandamus issues to respondent No.2 to release the brother of the petitioner (Convict – CTP No.6960) on general parole for a period of 60 days, which commences from the forenoon of 05.04.2025 and ends in the evening of
03.06.2025. (iii) The convict (CTP No.6960) - shall mark his attendance in the jurisdictional police station, weekly once throughout the period of his parole and it would be the responsibility of the jurisdictional police to take him to gaol, in the event, the convict (CTP No.6960) would evade going back to the gaol, after the expiry of the period of general parole. (iv) Respondent No.2 shall stipulate strict conditions as are usually stipulated, to ensure return of the convict to the gaol and that he shall not commit any other offence during the period of parole.
- 5 -
NC: 2025:KHC:13885 WP No. 8832 of 2025
(v) Registry is directed to communicate this order to respondent No.2, by way of electronic mail, forthwith.
Sd/- (M.NAGAPRASANNA) JUDGE
NVJ List No.: 1 Sl No.: 30 CT:SS