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NC: 2025:KHC:14796 WP No. 10290 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO.10290 OF 2025 (GM-POLICE)
BETWEEN:
MR. SRINIVAS S/O LATE THIPPANNA @ MARUTRHI SEENA AGED ABOUT 33 YEARS, J.J COLONY, CHINTAMANI TOWN-563125. …PETITIONER (BY SRI. KIRAN S.S. ADV.,)
AND:
1.
STATE OF KARNATAKA REP. BY ITS SECRETARIAT DEPARTMENT OF HOME VIDHANA SOUDHA BANGALORE- 560 001.
2.
THE CHIEF SUPERINTENDENT CENTRAL PRISON PARAPPANAGHRAHARA BANGALORE- 580 100.
3.
THE COMMISSIONER OF POLICE CQQ5 + RPH, MARIMAKALAHALLI KARNATAKA -562 101. …RESPONDENTS (BY SRI. RAHUL CARIAPPA, AGA)
THIS W.P. IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI BY QUASHING THE ENDORSEMENT AS ANNX-B
Digitally signed by NAGAVENI Location: High Court of Karnataka
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NC: 2025:KHC:14796 WP No. 10290 of 2025
ISSUED BY THE R-2 DTD 04.02.2025, BCP/CTP- SEC/19722/2025 BY DIRECTING THE R-2/CENTRAL PRISON, BANGALORE, TO RELEASE THE PETITIONER ON PAROLE FOR A PERIOD OF 90 DAYS IN PRISONER CTP NO.10620 CONVICTED BY THE JUDGEMENT AND ORDER DTD 07.08.2018 THE HONBLE II ADDL. DISTRICT AND SESSION JUDGE AT CHICKBALLAPURA, SITTING AT CHINTAMAN, IN S.C NO.
71/2016 FOR THE OFFENCES PUNISHABLE U/SEC 448, 302 R/W 34 OF IPC ACT IN THE INTEREST OF JUSTICE AND EQUITY & 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 petitioner-the convict is before this Court seeking his release on grant of parole.
2. Heard Sri.Kiran S.S., learned counsel for the petitioner, Sri.Rahul Cariappa, learned Additional Government Advocate for the respondents and have perused the material on record.
3. The petitioner gets embroiled in a crime in Crime No.113/2016 for the offences punishable under Sections 448, 504, 506 and 302 read with Section 34 of the Indian Penal Code, 1860. The petitioner is convicted to the said offences in terms of the order of the concerned Court of Sessions on
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NC: 2025:KHC:14796 WP No. 10290 of 2025
07.08.2018. The petitioner has, as on today, has been in prison for the last 8 years and has not sought parole even once.
4. Learned Additional Government Advocate, on instructions, would submit that the conduct of the petitioner in the prison has been good and there is no adverse entry against the petitioner. This is what is indicated in the imprisonment certificate.
5. In that light, I deem it appropriate to grant general parole to the petitioner for a period of 60 days, which would become operational from 09.04.2025 to 07.06.2025.
6. For the aforesaid reasons, the following:
ORDER
(i) Writ Petition is allowed in part.
(ii) Mandamus issues respondent No.2 to consider the representation of the petitioner and release him on general parole for 60 days, from the forenoon of 09.04.2025, till the evening of 07.06.2025.
(iii) Respondent No.2 shall stipulate strict conditions as are usually stipulated, to ensure
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NC: 2025:KHC:14796 WP No. 10290 of 2025
the return of the detenue (CTP No.10620) to the gaol and that the convict shall not commit any other offence during the period of general parole.
(iv) The convict (CTP No.10620) 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 convict 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 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 general parole.
Sd/- (M.NAGAPRASANNA) JUDGE
RV List No.: 1 Sl No.: 102