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2025 DAILYLAW 22722 (KAR)

SMT. SHANTHAMMA v. STATE OF KARNATAKA

WP/10876/2025 · 2025-05-02

M Nagaprasanna

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:18041 WP No. 10876 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. 10876 OF 2025 (GM-POLICE) BETWEEN: SMT. SHANTHAMMA W/O KRISHNAPPA AGED ABOUT 67 YEARS R/A KUMBARANAHALLI KASABA HOBLI, ANEKAL TALUK HARAGADDE POST, JIGANI BENGALURU – 560 105. …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. …RESPONDENTS (BY SRI RAHUL CARIAPPA K.S., AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER OF R-2 DTD. 20.03.2025 BCP/CTP- Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:18041 WP No. 10876 of 2025 SEC/22755/2025 AT ANNX-A AND ALLOW RELEASE PETITIONERS HUSBAND ON PAROLE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner, wife of the convict, is before this Court seeking release of her husband on grant of parole. 2. Heard Sri Rakshith R, learned counsel appearing for petitioner and Sri Rahul Cariappa, learned Additional Government Advocate appearing for respondents. 3. The husband of the petitioner gets embroiled in a crime and is convicted in S.C.No.297 of 2008 for offence punishable under Section 302 of the IPC. 4. Learned counsel for petitioner submits that the case of the husband of the petitioner has been recommended for premature release, as the husband has already undergone 15 - 3 - NC: 2025:KHC:18041 WP No. 10876 of 2025 years and 4 months of imprisonment including remission. He is suffering from many ailments, as such his case may be considered for grant of parole. 5. In the light of petitioner’s husband name being recommended to the Advisory Board for premature release, I deem it appropriate to grant the husband of the petitioner, parole for a period of 90 days ,from the date of his release from the prison. 6. For the aforesaid reasons, the following: ORDER (i) The Writ Petition is allowed in part. (ii) Respondent No.2 is directed to release the petitioner (CTP No.4190) on general parole for a period of 90 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 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. - 4 - NC: 2025:KHC:18041 WP No. 10876 of 2025 (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) 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.: 167