Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 21586 (KAR)

SMT. THIMMAKKA v. STATE OF KARNATAKA

WP/10591/2025 · 2025-05-02

M Nagaprasanna

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:18072 WP No. 10591 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. 10591 OF 2025 (GM-POLICE) BETWEEN: SMT. THIMMAKKA W/O LATE ADINARAYANAPPA AGED ABOUT 71 YEARS RESIDING AT NAGARAGERE HOBLI, VATADAHOSAHALLI, GAURIBIDNUR, CHIKKABALLAPURA KARNATAKA – 561 228. …PETITIONER (BY SRI RAKSHITH R., ADVOCATE) AND: 1. STATE OF KARNATAKA BY THE SECRETARY TO HOME DEPARTMENT VIDHANA SOUDHA BENGALURU – 560 001. 2. CHIEF SUPERINTENDENT OF POLICE CENTRAL PRISON PARAPANA AGRAHARA BENGALURU – 560 100. REPRESENTED BY AG …RESPONDENTS (BY SRI RAHUL CARIAPPA K.S., AGA) Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:18072 WP No. 10591 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING R2 TO RELEASE PETITIONER’S SON ASHWATHAPPA (CTP 12120) FOR A PERIOD OF 45 DAYS ON AN EMERGENCY PAROLE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER Petitioner, the mother of convict, is before this Court seeking release of her son, on grant of emergency parole for a period of 45 days. 2. Heard Sri Rakshith R, learned counsel appearing for petitioner and Sri Rahul Cariappa, learned Additional Government Advocate appearing for respondents. 3. The son of the petitioner gets embroiled in crime No.226 of 2019 for offence punishable under Section 302 of the IPC. The son of the petitioner is convicted in S.C.No.133 of 2019. The petitioner is said to have developed gangrene on her left foot and has to be operated immediately, for which the - 3 - NC: 2025:KHC:18072 WP No. 10591 of 2025 presence of the petitioner’s son is imperative. As on today, the son of the petitioner has been in prison for over 4 years and 10 months. 4. In that light, I deem it appropriate to grant the son of the petitioner, emergency 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. (ii) Respondent No.2 is directed to release the son of the petitioner (CTP No.12120) on emergency parole for a period of 45 days, from the date of his release. (iii) The convict shall mark his attendance before 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 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 - 4 - NC: 2025:KHC:18072 WP No. 10591 of 2025 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 BKP List No.: 1 Sl No.: 166