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2025 DAILYLAW 22527 (KAR)

SRI. NINGARAJU v. THE STATE OF KARNATAKA

WP/10963/2025 · 2025-05-02

M Nagaprasanna

body2025

Judgment text

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- 1 - NC: 2025:KHC:17985 WP No. 10963 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. 10963 OF 2025 (GM-POLICE) BETWEEN: SRI. NINGARAJU S/O KALEGOWDA AGED 47 YEARS R/AT GARAKAHALLI VILLAGE, ARAKERE HOBLI, SRIRANGAPATNA TALUK, MANDYA - 571 415. …PETITIONER (BY SRI. PRADEEP PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY THE PRINCIPAL SECRETARY, HOME DEPARTMENT, VIDHANA SOUDHA, BENGALURU - 560 001. 2. THE LIFE CONVICTS PREMATURE RELEASE COMMITTEE, HOME DEPARTMENT, VIDHANA SOUDHA, BENGALURU - 560 001, REPRESENTED BY ITS CHAIRMAN. 3. THE DIRECTOR GENERAL OF POLICE, PRISONS AND CORRECTIONAL SERVICES, NO. 9, SHESHADRI ROAD, GANDHI NAGAR, BENGALURU - 560 009. Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:17985 WP No. 10963 of 2025 4. THE CHIEF SUPERINTENDENT, CENTRAL PRISON, BENGALURU - 560 100. …RESPONDENTS (BY SRI. RAHUL CARIAPPA, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A. ISSUE A WRIT, ORDER OR DIRECTION IN THE NATURE OF MANDAMUS TO THE RESPONDENTS TO BE PLEASED TO ACT IN STRICT COMPLIANCE OF THE NOTIFICATION BEARING NO. HD 119 PRA 2018, BENGALURU, DATED 21.04.2020 PRODUCED AS ANNEXURE-A AND BE FURTHER PLEASED TO DIRECT THE RESPONDENTS TO CONSIDER THE CASE OF THE PETITIONER FOR PREMATURE RELEASE IN TERMS OF THE ANNEXURE-A AND 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 Heard Shri Pradeep Patil, learned counsel appearing for the petitioner and Shri Rahul Cariyappa, learned Additional Government Advocate appearing for the respondents. - 3 - NC: 2025:KHC:17985 WP No. 10963 of 2025 2. The petitioner is a convict is before this Court seeking release on parole. The petitioner gets embroiled in a crime on 11.10.2013 and is taken into custody. He gets convicted of an offence punishable under Section 302 of the Indian Penal Code, 1860 and has been in custody for the last 14years including remission. The petitioner during these 14years has sought emergency parole only once and not general parole, any point in time. The conduct of the petitioner is said to be good in terms of imprisonment certificate. 3. In the light of the aforesaid submissions, I deem it appropriate to grant general parole for a period of 60days, subject to the following: ORDER (i) The Writ Petition is allowed in part. (ii) Mandamus issues to respondent No.4 to release the petitioner (Convict – CTP No.7567) on general parole for a period of 60days, which commences from the date of the release of the convict. (iii) The convict (CTP No.7567) - shall mark his attendance in the jurisdictional police station, weekly once throughout the period of his parole and it would be the responsibility of the - 4 - NC: 2025:KHC:17985 WP No. 10963 of 2025 jurisdictional police to take him to gaol, in the event, the convict (CTP No.7567) would evade going back to the gaol, after the expiry of the period of general parole. (iv) Respondent No.4 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) Registry is directed to communicate this order to respondent No.4, by way of electronic mail, forthwith. Sd/- (M.NAGAPRASANNA) JUDGE JY List No.: 1 Sl No.: 70 CT: BHK