Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:17940 WP No. 9490 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF MAY, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 9490 OF 2025 (GM-POLICE) BETWEEN:
AFSHANA, W/O FAHID, AGED ABOUT 42 YEARS, R/AT NO. 69, CHIKKANNA LAYOUT, SAINT THOMAS TOWN, BENGALURU - 560 084. …PETITIONER (BY SRI. ARVIND N, ADVOCATE FOR SRI. MOHAN KUMAR D, ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HOME, VIDHANA SOUDHA, BENGALURU - 560 001.
2.
THE CHIEF SUPERINTENDENT OF PRISON CENTRAL PRISON, PARAPPANA AGRAHARA, ELECTRONIC CITY POST, BENGALURU - 100.
3.
THE SUPERINTENDENT OF POLICE, ADDRESS NO. 5, MILLERS ROAD, VASANTH NAGAR, BENGALURU - 560 052.
4.
THE STATION HOUSE OFFICER, BAGALUR POLICE STATION,,
Digitally signed by NAGAVENI Location: High Court of Karnataka
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NC: 2025:KHC:17940 WP No. 9490 of 2025
ADDRESS BEML LAYOUT, RAJAK PALYA, BENGALURU - 562 149. …RESPONDENTS (BY SRI. RAHUL CARIAPPA, AGA)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-2 TO RELEASE THE CONVICTED PRISONER-FAREED ALIAS FAHID (CTP NO. 10946) ON A GENERAL PAROLE FOR A PERIOD OF 90 DAYS AS REQUESTED IN REPRESENTATION DATED 14.03.2025 VIDE ANNX-C AND ETC.,
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 wife of the convict is before this Court seeking release of her husband on parole on the score that the daughter's marriage is to be fixed. The husband of the petitioner gets embroiled in a crime and is convicted for offence punishable under Section 302, 201 and 114 of the Indian Penal Code, 1860 in SC.No.15004/2017. The petitioner's husband has been in prison for the last 7years is what is submitted and has not suffered any adverse entry in the prison.
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NC: 2025:KHC:17940 WP No. 9490 of 2025
2. Heard Shri Arvind N., learned counsel for Shri Mohan Kumar D.,learned counsel appearing for the petitioner and Shri Rahul Cariappa, learned Additional Government Advocate for the respondents.
3. The learned Additional Government Advocate would submit that since the daughter's marriage is to be fixed and there is nothing adverse found against the petitioner's husband and as also the fact that he is availing parole for the first time, he would not object for grant of parole.
4. In the light of the aforesaid submissions, I deem it appropriate to grant general parole for a period of 60days, subject to the following:
ORDER (i) The Writ Petition is allowed in part. (ii) Mandamus issues to respondent No.2 to release the husband of the petitioner (Convict – CTP No.10946) on general parole for a period of 60days, which commences from the date of the release of the convict. (iii) The convict (CTP No.10946) - shall mark his attendance in the jurisdictional police station,
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NC: 2025:KHC:17940 WP No. 9490 of 2025
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.10946) 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. (v) Registry is directed to communicate this order to respondent No.2, by way of electronic mail, forthwith.
Sd/- (M.NAGAPRASANNA) JUDGE
JY List No.: 1 Sl No.: 46 CT: BHK