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2025 DAILYLAW 22039 (KAR)

MOHAMMED IDHREES v. THE STATE OF KARNATAKA

WP/9704/2025 · 2025-04-16

Suraj Govindaraj

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:15796 WP No. 9704 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 9704 OF 2025 (GM-POLICE) BETWEEN: MOHAMMED IDHREES S/O. AMEER BASHA, AGED ABOUT 31 YEARS, NO. 16, 5TH CROSS, AROGYAMMA LAYOUT, VENKATESHAPURA, BENGALURU 560 045. …PETITIONER (BY SRI. KIRAN S S.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED 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 ALI ASKAR ROAD, VASANTH NAGAR, BANGALORE- 560001 …RESPONDENTS (BY SRI. SHAMANTH NAIK., HCGP FOR R1 TO R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI BY QUASHING THE ENDORSEMENT AS ANNEXURE -B Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:15796 WP No. 9704 of 2025 ISSUED BY THE R-2 DATED 24.02.2025 BY DIRECTING THE R-2 CENTRAL PRISON, BANGALORE TO RELEASE THE PETITIONER ON EMERGENCY PAROLE FOR A PERIOD OF 30 DAYS IN NO. CPB/CTP- SEC/21045/2025 AND PRISONER CTP NO. 14408 CONVICTED BY THE JUDGEMENT AND ORDER DATED 06.02.2025 PASSED BY THE HONORABLE ADDITIONAL CITY CIVIL AND SESSIONS JUDGE SPECIAL JUDGE FOR CBI CASES, IN SPL CC NO. 462/2015 FOR THE OFFENCES PUNISHABLE U.SEC. 420 OF CPC ACT AND U/SEC 9 OF KPIDEF ACT 2004 AND ETC. THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioner is before this Court seeking for the following reliefs: i. To issue a writ of Certiorari by quashing the endorsement as Annexure-B issued by the R2 dated 24.02.2025 by directing the R2/Central Prison, Bangalore, to release the petitioner on emergency parole for a period of 30 days in No. CPB/CTP-Sec/204/2025 and prisoner CTP No.14408 convicted by the judgment and order dated 06.02.202 passed by the Hon’ble Addl. City Civil and Sessions Judge, Special Judge for CBI cases, in Spl C.C.No.462/2015 for the offences punishable u/sec 420 of IPC act and u/sec 9 of KPIDEF Act 2004, in the interest of justice and equity. ii. Issue such other suitable orders or direction as this Hon’ble Court deems fit and proper in the nature and circumstances of the case, in the interest of justice and equity. - 3 - NC: 2025:KHC:15796 WP No. 9704 of 2025 2. The petitioner is seeking for emergency parole of 30 days on the ground that his father and mother both have to undergo surgery as regards which documents have been produced along with the petition. 3. Learned AGA submits that there are four other criminal proceedings which are pending against the petitioner three of them for offenses under Section 420 of the IPC and one of them under Section 9 of the Karnataka Public Protection of Interest of Depositors in Financial Establishment Act, 2004. All the four matters relating to economic offenses taking into consideration that the medical certificates have been produced indicating requirement of surgery to the father and mother of the petitioner. I am of the considered opinion that the request for emergency parole ought to have been allowed. As such, I pass the following; ORDER i. The writ petition is allowed. - 4 - NC: 2025:KHC:15796 WP No. 9704 of 2025 ii. The certiorari is issued, the endorsement at Annexure-B issued by respondent No.2 dated 24.2.2025 is quashed. iii. Respondent No.2 is directed to release the petitioner on emergency parole for a period of 30 days commencing from 18.4.2025 which will end on 17.05.2025. The petitioner shall report back to respondent No.2 by end of day 17.05.2025. iv. The petitioner shall execute a bond of Rs.1 lakh in relation to the above emergency parole granted by this Court. v. The petitioner shall furnish the details of the surgery which has been carried out to respondent No.2 by 17.5.2025. SD/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 3 Sl No.: 32