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2025 DAILYLAW 21452 (KAR)

T S MADHUSUDHAN @ MADHU @ BANDE v. STATE OF KARNATAKA

WP/10499/2025 · 2025-04-29

M Nagaprasanna

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:17763 WP No. 10499 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 10499 OF 2025 (GM-POLICE) BETWEEN: T.S. MADHUSUDHAN @ MADHU @ BANDE S/O SRINIVAS, AGED ABOUT 27 YEARS, NO.215, THARAHUNASE VILLAGE, JALA HOBLI, BENGALURU NORTH – 562 157. …PETITIONER (BY SRI KIRAN S.S., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARIAT, DEPARTMENT OF HOME, VIDHANA SOUDHA BENGALURU – 560 001. 2. THE CHIEF SUPERINTENDENT CENTRAL PRISON, PARAPPANAGHRAHARA, BENGALURU – 580 100. 3. THE COMMISSIONER OF POLICE NO.5, MILLERS ROAD, VASANTHNAGAR, Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:17763 WP No. 10499 of 2025 BENGALURU KARNATAKA – 560 052. …RESPONDENTS (BY SRI RAHUL CARIAPPA K.S., AGA FOR R-1) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT AS ANNX-B ISSUED BY THE R-2 DTD 04.02.2025 BY CPB/CTP-SEC/19725/2025 DIRECTING THE R-2/ CENTRAL PRISON, BANGALORE, TO RELEASE THE PETITIONER ON PAROLE FOR A PERIOD OF 90 DAYS IN PRISONER CTP NO. 13762 CONVICTED BY THE JUDGEMENT AND ORDER DTD 19.07.2023 PASSED BY THE HON’BLE 5TH ADDL. DISTRICT AND SESSION JUDGE AT DEVANAHALLI, IN S.C NO. 15005/2021 FOR THE OFFENCES PUNISHABLE U/SEC 302 R/W 34 OF IPC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER Petitioner is before this Court seeking his release on grant of parole for a period of 90 days. 2. Heard Sri Kiran S S, learned counsel appearing for petitioner and Sri Rahul Cariappa, learned Additional Government Advocate appearing for respondents. - 3 - NC: 2025:KHC:17763 WP No. 10499 of 2025 3. Petitioner get embroiled in crime No.79 of 2018 for offences punishable under Sections 302 r/w Section 34 of the IPC. Petitioner is convicted in S.C.No.15005 of 2021. As on today, the petitioner has been in prison for over 4 years and 6 months and has not availed parole even on a single occasion. 4. Learned counsel for petitioner submits that the house in which the family of the petitioner is residing is in a dilapidated condition and the presence of the petitioner for repair of the house is imperative. 5. In that light, I deem it appropriate to grant the petitioner, parole for a period of 45 days from the date of his release from prison. Hence, the following: ORDER (i) The Writ Petition is allowed in part. (ii) Respondent No.2 is directed to release the petitioner (CTP No.13762) on general parole for a period of 45 days, from the date of his release/ - 4 - NC: 2025:KHC:17763 WP No. 10499 of 2025 (iii) The convict shall mark his attendance before 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 convict would evade going back to the gaol, after the expiry of the period of 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) The convict is at liberty to seek extension of parole, which shall be considered looking at the conduct of the convict, while he is out on parole. (vi) Registry is directed to communicate this order to respondent No.2, by way of electronic mail, forthwith. Sd/- (M.NAGAPRASANNA) JUDGE BKP List No.: 4 Sl No.: 4