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High Court of Karnataka · body

2025 DAILYLAW 24956 (KAR)

CHITHRALEKHA v. STATE OF KARNATAKA

WP/12059/2025 · 2025-04-29

M Nagaprasanna

Transfer Petitionbody2025

Judgment text

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- 1 - NC: 2025:KHC:17765 WP No. 12059 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 12059 OF 2025 (GM-POLICE) BETWEEN: CHITHRALEKHA D/O T.NAGARAJ W/O PRATHIVIK AGED ABOUT 31 YEARS, OCC. PRIVATE FIRM R/AT- NO.2-132/4A, SHREE BHAGAVATHI, ACHHUGODI, PACHANADY, BONDEL, MANGALURU D.K.- 575 008. PETITIONER’S FATHER NAGARAJA T., (CTP 01391) S/O THIMMAIAH OCC.: COOLIE, R/AT- BHAGAVATHI NIVAS HECHHUKODI ROAD, PACHHANADI VILLAGE, BONDEL, MANGALURU D.K.- 575 008. …PETITIONER (BY SRI DINESHKUMAR RAO K., ADVOCATE) AND: 1. STATE OF KARNATAKA BY DY.SUPERINTENDENT OF POLICE Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:17765 WP No. 12059 of 2025 PANAMBUR, SUB-DIVISION, MANGALURU – 575 010. 2. ADDITIONAL CHIEF SECRETORY DEPARTMENT OF HOME AND PRISON VIDHANA SOUDHA BENGALURU – 560 001. 3. DIRECTOR GENERAL OF POLICE AND INSPECTOR GENERAL OF PRISON AND CORRECTIONAL SERVICES, NO.-4, SESHADRI ROAD BENGALURU – 560 009. 4. CHIEF SUPERINTENDENT CENTRAL PRISON, CENTRAL PRISON, SHIVAMOGGA, SHIVAMOGGA – 577 222. (RESPONDENT NOS.1 TO 4 ARE REPRESENTED BY STATE HIGH COURT GOVERNMENT ADVOCATE HIGH COURT OF KARNATAKA BENGALURU – 560 001) …RESPONDENTS (BY SRI RAHUL CARIAPPA K.S., AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT DTD 11.04.2025 BEARING NO. KEKASHI/J1/9367/2025-26 AS PER ANNX-C; DIRECT THE RESPONDENTS TO GRANT 2 MONTHS EMERGENCY PAROLE TO CONVICT PRISON NO. 01391, I.E. NAGARAJA T S/O THIMMAIAH, ON SUCH TERMS AND CONDITIONS. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC:17765 WP No. 12059 of 2025 CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner who is the elder daughter of the convict is before this Court seeking a direction to the respondents to release the convict, his father, on grant of emergency parole for a period of 2 months. 2. Heard Sri Dinesh Kumar K Rao, learned counsel appearing for petitioner and Sri Rahul Cariappa, learned Additional Government Advocate appearing for respondents. 3. The father of the petitioner gets embroiled in a crime and is convicted in S.C.No.6 of 2006 for offence punishable under Section s376(1) and 506(II) of the IPC. He has been in prison for the last 1 and ½ years. The petitioner is seeking emergency parole on the score that the younger daughter of the convict is getting married and therefore, the presence of the father/convict is imperative. The marriage is said to be scheduled on 30.04.2025 i.e., tomorrow. - 4 - NC: 2025:KHC:17765 WP No. 12059 of 2025 4. In that light, I deem it appropriate to release the convict, father of the petitioner, on grant of emergency parole for a period of 30 days from today i.e., 29.04.2025. 5. For the aforesaid reasons, the following: ORDER (i) The Writ Petition is allowed-in-part. (ii) Mandamus issues respondent No.4 to release the convict (CTP No.01391) on emergency parole for a period of 30 days, commencing from today i.e., on 29.04.2025, till the evening of 29.05.2025. (iii) The convict (CTP No.01391) shall mark his attendance before the jurisdictional police station, weekly once throughout the period of his emergency 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 said parole. (iv) Respondent No.4 shall stipulate strict conditions as are usually stipulated, to ensure return of the - 5 - NC: 2025:KHC:17765 WP No. 12059 of 2025 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 Nos.3 and 4, by way of electronic mail, forthwith. Sd/- (M.NAGAPRASANNA) JUDGE BKP List No.: 4 Sl No.: 6