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2025 DAILYLAW 24770 (KAR)

SRI G KANTHARAJU v. THE STATE OF KARNATAKA

WP/13014/2025 · 2025-05-02

M Nagaprasanna

body2025

Judgment text

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- 1 - NC: 2025:KHC:18126 WP No. 13014 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. 13014 OF 2025 (GM-POLICE) BETWEEN: 1. SRI G KANTHARAJU S/O LATE GOVINDEGOWDA, AGED 44 YEARS, R/AT NO. 34, F BLOCK, POLICE QUARTERS, HEBBALA, MYSORE-570016 …PETITIONER (BY SRI. MONESH KUMAR K.B., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY THE PRINCIPAL SECRETARY VIDHANA SOUDHA BENGALURU-560001 2. THE LIFE CONVICTS PREMATURE RELEASE COMMITTEE HOME DEPARTMENT VIDHANA SOUDHA BENGALURU-560001 REPRESENTED BY ITS CHAIRMAN Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:18126 WP No. 13014 of 2025 3. THE DIRECTOR GENERAL OF POLICE PRISONS AND CORRECTIONAL SERVICES NO. 9, SHESHADRI ROAD, GANDHI NAGAR BENGALURU-560009 4. THE CHIEF SUPERINTENDENT CENTRAL PRISON BENGALURU -560100 …RESPONDENTS (BY SRI. RAHUL CARIAPPA, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) ORDER OR DIRECTION 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 AT ANNX-A AND BE FURTHER PLEASED TO DIRECT THE RESPONDENTS TO CONSIDER THE CASE OF THE PETITIONER IN TERMS OF THE ANNX-A AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC:18126 WP No. 13014 of 2025 CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner – convict is before this Court seeking his release on parole. 2. Heard Sri. Monesh Kumar K.B., learned counsel appearing for the petitioner, Sri. Rahul Cariappa, learned AGA appearing for the respondents and have perused the material on record. 3. The petitioner gets embroiled in a crime for offence punishable under Section 302 of the IPC and is tried in S.C.No.260 of 2009 and convicted for life. The petitioner has availed parole twice and when he was out on parole once, it is alleged that the petitioner gets embroiled in another crime for offences punishable under Sections 420 and 468 of the IPC, which is quite long ago. The petitioner as on today served 17 years and 6 months in prison and he is wanting to go out on parole to attend to his mother’s illness. - 4 - NC: 2025:KHC:18126 WP No. 13014 of 2025 4. In that light, I deem it appropriate to grant parole to the petitioner for a period of 45 days, subject to the following: ORDER (i) The Writ Petition is allowed-in-part. (ii) Mandamus issues to respondent Nos.2 to 4 to release the petitioner (Convict – CTP No.4837) on general parole for a period of 45 days, which commences from the date of the release of the convict. (iii) The convict (CTP No. 4837) - 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. 4837) would evade going back to the gaol, after the expiry of the period of general parole. (iv) Respondent Nos.2 to 4 shall stipulate strict conditions as are usually stipulated, to ensure return of the convict to the gaol and that he shall - 5 - NC: 2025:KHC:18126 WP No. 13014 of 2025 not commit any other offence during the period of parole. (v) Registry is directed to communicate this order to respondent Nos.2 to 4, by way of electronic mail, forthwith. Sd/- (M.NAGAPRASANNA) JUDGE KG List No.: 1 Sl No.: 185