TIPPU ALIAS TIPPU MUJAHID KHAN v. STATE OF KARNATAKA
WP/8563/2025 · 2025-04-17
M Nagaprasanna
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 21281 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 21281 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:16029 WP No. 8563 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 8563 OF 2025 (GM-POLICE)
BETWEEN:
TIPPU @ TIPPU MUJAHID KHAN (CTP NO.5558) S/O LATE SOUKATH ALI KHAN, AGED ABOUT 44 YEARS NO.243, 9TH CROSS, MOSQUE ROAD, J.K.PURA KSRTC QUARTERS, AUDUGODI POST, BENGALURU-560030
(PRESENTLY SERVING SENTENCE IN BENGALURU CENTRAL PRISON CTP NO.5558)
REPRESENTED BY HIS ELDER BROTHER ABID-ALI-KHAN S/O LATE SOUKATH ALI KHAN, AGED ABOUT 52 YEARS FLAT NO.581, 6TH CROSS, 2ND BLOCK, HBR LAYOUT, BENGALURU-560043 …PETITIONER (BY SRI. RAJESH G S.,ADVOCATE)
Digitally signed by NAGAVENI Location: High Court of Karnataka
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NC: 2025:KHC:16029 WP No. 8563 of 2025
AND:
1.
STATE OF KARNATAKA HOME DEPARTMENT (THROUGH PRINCIPAL SECRETARY) VIDHANA SOUDHA, BENGALURU-560001.
2.
THE LIFE CONVICTS PREMATURE RELEASE COMMITTEE, VIDHANA SOUDHA, BENGALURU-560001 (REPRESENTED BY ITS CHAIRMAN)
3.
THE DIRECTOR GENERAL OF POLICE PRISON CORRECTIONAL SERVICES NO.9, SHESHADRI ROAD, GANDHINAGAR, BENGALURU-560009.
4.
CHIEF SUPERINTENDENT OF CENTRAL PRISON, PARAPPANA AGRAHARA BENGALURU-560100. …RESPONDENTS (BY SRI. SHAMANTH NAIK, HCGP)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-DIRECT THE RESPONDENTS TO RELEASE THE CONVICT (CTP 5558) TIPPU AT TIPPU MUJAHID KHAN, AT PRESENT IN CENTRAL PRISON TO BE RELEASE ON PAROLE FOR A TERM OF 90 DAYS FOR ADDL. AID AND SUPPORT TO HIS AILING MOTHER SHAHNAZ BEGUM OR ANY OTHER ORDER NEAR DIRECTIONS AS THIS HONBLE COURT THINK DEEM FIT TO MEET THE ENDS OF JUSTICE.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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NC: 2025:KHC:16029 WP No. 8563 of 2025
CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA
ORAL ORDER
Heard the learned counsel Sri.Rajesh G.S., appearing for the petitioner and the learned High Court Government Pleader Sri.Shamanth Naik, appearing for the respondents.
2. The petitioner is before this Court seeking his release on parole. The petitioner gets embroiled in a crime for offence punishable under Section 302 of the IPC and is convicted. As on date, the petitioner has spent more than 15 years in prison and has sought parole on several occasions. The present parole is sought on the score that the mother of the petitioner is seriously ill. The name of the petitioner has been sent to the Advisory Board for consideration of premature release of the petitioner owing to his conduct.
3. In that light and also in the light the fact that the mother of the petitioner is seriously ill, I deem it appropriate to grant the petitioner parole for a period of 45 days to become operational from 21.04.2025.
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NC: 2025:KHC:16029 WP No. 8563 of 2025
4. For the aforesaid reasons, the following:
ORDER (i) The Writ Petition is allowed in part.
(ii) Mandamus issues respondent No.4 to consider the representation of the petitioner and release the petitioner on general parole for 45 days, from the forenoon of 21.04.2025 till the evening of
04.06.2025.
(iii) Respondent No.4 shall stipulate strict conditions as are usually stipulated, to ensure the return of the detenue (CTP No.5558) to the gaol and that he shall not commit any other offence during the period of general parole.
(iv) The petitioner (CTP No.5558) 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.4, by way of electronic mail, forthwith.
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NC: 2025:KHC:16029 WP No. 8563 of 2025
(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.: 2