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2025 DAILYLAW 22786 (KAR)

PAVAN KUMAR U v. STATE OF KARNATAKA

WP/11193/2025 · 2025-05-02

M Nagaprasanna

Transfer Petitionbody2025

Judgment text

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- 1 - NC: 2025:KHC:17987 WP No. 11193 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. 11193 OF 2025 (GM-POLICE) BETWEEN: PAVAN KUMAR U, C/O K UDAY KUMAR, AGED ABOUT 33 YEARS, R/AT NO.1, SHIVAKUMAR SWAMIJI LAYOUT, TOTADAGUDDADAHALLI, NAGASANDRA, BENGALURU - 560 073. …PETITIONER (BY SRI. RAKSHITH R, ADVOCATE) AND: 1. STATE OF KARNATAKA BY THE SECRETARY OF HOME DEPARTMENT, VIDHANA SOUDHA, BANGALORE - 560 001. 2. CHIEF SUPERINTENDENT OF POLICE CENTRAL PRISON, PARAPANA AGRAHARA, BANGALORE - 560 100, REPRESENTED BY AG …RESPONDENTS (BY SRI. RAHUL CARIAPPA, AGA) Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:17987 WP No. 11193 of 2025 THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER OF R-2 DATED 15.03.2025 BCP/CTP-SEC/22188/2025 AT ANNX-A AND RELEASE PETITIONERS FATHER ON PAROLE. 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 Rakshith R., learned counsel appearing for the petitioner and Shri Rahul Cariyappa, learned Additional Government Advocate appearing for the respondents. 2. The petitioner, son of the convict is before this Court, seeking release of his father on parole. The father of the petitioner gets convicted in SC.No.17/2015 for offence punishable under Section 302 of the Indian Penal Code, 1860 and is sentenced to undergo imprisonment for life. The father has now undergone 9years 9months in prison and has availed general parole on three occasions and emergency parole once. There is nothing adverse indicated in the imprisonment certificate on the conduct to the petitioner nor any other cases - 3 - NC: 2025:KHC:17987 WP No. 11193 of 2025 pending against him. The last general parole was granted in the year 2021. 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.2 to release the petitioner (Convict – CTP No.9223) on general parole for a period of 60days, which commences from the date of the release of the convict. (iii) The convict (CTP No.9223) - 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 jurisdictional police to take him to gaol, in the event, the convict (CTP No.9223) would evade going back to the gaol, after the expiry of the period of general parole. (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. - 4 - NC: 2025:KHC:17987 WP No. 11193 of 2025 (v) Registry is directed to communicate this order to respondent No.2, by way of electronic mail, forthwith. Sd/- (M.NAGAPRASANNA) JUDGE JY List No.: 1 Sl No.: 73 CT: BHK