Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:18045 WP No. 13163 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. 13163 OF 2025 (GM-POLICE) BETWEEN:
SHANAZ KHANUM W/O IQBAL M/O SAJJAD KHAN CTP - 10058 AGED ABOUT 60 YEARS R/O NO.28, DURGAJI BUILDING 18TH CROSS, SAGAYAPURAM, BENGALURU KARNATAKA – 560 005. …PETITIONER (BY SRI SIRAJUDDIN AHMED, ADVOCATE) AND:
1.
STATE OF KARNATAKA HOME DEPARTMENT THROUGH PRINCIPAL SECRETARY VIDHANA SOUDHA, BENGALURU – 560 001.
2.
CHIEF SUPERINTENDENT CENTRAL PRISON BENGALURU – 560 100. …RESPONDENTS (BY SRI RAHUL CARIAPPA K. S., AGA)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R2 TO RELEASE PETITIONER’S CONVICT SON SAJJAD KHAN CTP
Digitally signed by NAGAVENI Location: High Court of Karnataka
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NC: 2025:KHC:18045 WP No. 13163 of 2025
10058 ON GENERAL PAROLE FOR A PERIOD OF 30 DAYS WITH FURTHER EXTENSION OF 60 DAYS ON THE GROUND THAT ILLNESS OF PETITIONER WHICH IS EVIDENT AND ISSUED BY THE GLOBAL HEALTH CARE AND AESTHETIC CENTRE. THE PRESENCE OF PETITIONER’S CONVICT SON IS ESSENTIAL TO PROVIDE MEDICAL CARE FOR EFFECTIVE TREATMENT AND RECOVERY.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA
ORAL ORDER The petitioner is the mother of the convict (CTP No.10058) – Sajjad Khan, is before this Court seeking a direction by issuance of a writ in the nature of mandamus to respondent No.2 to release the convict on general parole for a period of 60 days in terms of the Prison Manual.
2. Heard Sri. Sirajuddin Ahmed, learned counsel for the petitioner and Sri Rahul Cariappa, learned Additional Government Advocate for the respondents – State.
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NC: 2025:KHC:18045 WP No. 13163 of 2025
3. The son of the petitioner gets embroiled in a crime for the offences under Section 302 of the IPC. He is tried and convicted in S.C.No.158/2015, for the said offence in terms of the order of sentence dated 18.01.2018. The petitioner files an application before the Chief Superintendent of Central Prison seeking general parole on 08.03.2025 and the application is rejected in terms of an endorsement dated 17.03.2025. Therefore, the petitioner – mother of the convict is knocking at the doors of this Court seeking enlargement of her son on general parole on the score that she is suffering from chest pain and other ailments.
4. Learned counsel for the petitioner submits that the convict is in prison for the last 8 years, he has availed emergency parole on two occasions and court parole on two occasions and has returned to the gaol without any default.
5. Learned Additional Government Advocate submits that the convict has availed parole on two occasions and now the parole is sought on the ill-health of the petitioner, he would not oppose grant of general parole. The imprisonment certificate
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NC: 2025:KHC:18045 WP No. 13163 of 2025
appended to the petition also indicates that the conduct of the convict is satisfactory and there is no adverse entry against the convict. Therefore, I deem it appropriate to grant general parole for a period of 60 days.
6. For the aforesaid reasons, the following:
ORDER (i) The Writ Petition is allowed. (ii) Mandamus issues to respondent No.2 to release the brother of the petitioner (Convict – CTP No.10058) on general parole for a period of 60 days, which commences from the date of release of the convict. (iii) The convict (CTP No.10058) - 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.10058) 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.
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NC: 2025:KHC:18045 WP No. 13163 of 2025
(v) Registry is directed to communicate this order to respondent No.2, by way of electronic mail, forthwith.
Sd/- (M.NAGAPRASANNA) JUDGE
NVJ List No.: 1 Sl No.: 139 CT:SS