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2025 DAILYLAW 25383 (KAR)

SRI.NEELAKANTACHAR @ SHANKAR v. STATE OF KARNATAKA

WP/13390/2025 · 2025-05-02

M Nagaprasanna

body2025

Judgment text

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- 1 - NC: 2025:KHC:18127 WP No. 13390 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. 13390 OF 2025 (GM-POLICE) BETWEEN: 1. SRI.NEELAKANTACHAR @ SHANKAR S/O KRISHNAPPACHAR, AGED ABOUT 54 YEARS, R/AT NRASAIAHNAPALAYA, URDIGERE HOBLI, TUMKUR TALUK TUMKUR DISTRICT, KARNATAKA PIN CODE-572140 …PETITIONER (BY SRI. RANGANATH REDDY R., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY SECRETARY, DEPARTMENT OF HOME, VIDHANA SOUDHA, BANGALORE- 560001. 2. THE LIFE CONVICTS PREMATURE, RELEASE COMMITTEE, HOME DEPARTMENT, Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:18127 WP No. 13390 of 2025 VIDHANA SOUDHA, BANGALORE - 560001 REP BY ITS CHAIRMAN 3. THE DIRECTOR GENERAL OF POLICE PRISONS AND CORRECTIONAL SERVICES NO.09, SHESHADRI ROAD, GANDHI NAGAR BENGALURU - 560009 4. THE CHIEF SUPERINTENDENT, CENTRAL PRISON, PARAPANA AGRAHARA, BENGALURU - 560100 …RESPONDENTS (BY SRI. RAHUL CARIAPPA, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT IN THE NATURE OF CERTIORARI TO CONSEQUENTLY DIRECT THE 2ND RESPONDENT TO RELEASE THE PETITIONER ON PAROLE FOR A PERIOD OF 90 DAYS AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC:18127 WP No. 13390 of 2025 CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner who has been convicted of the offence punishable under Sections 302 of the Indian Penal Code (IPC) and sentenced to undergo life imprisonment is before this Court. 2. The petitioner seeks a direction to the respondents to release him on parole, citing that he has served more than 15 years of his sentence as of today, and his case for releasing him on prematurely has been considered by the Advisory Report, and thereafter the Advisory Report has recommended with the 2nd respondent to release the petitioner prematurely. The recommendation made by the Advisory Report is pending consideration before the 2nd respondent. 3. In view of the guidelines issued by the Hon’ble Supreme Court in the case of Rashidul Jafar @ Chota Vs. State of Uttar Pradesh & Anr., the petitioner has established a prima facie case for releasing him on parole. - 4 - NC: 2025:KHC:18127 WP No. 13390 of 2025 4. Accordingly, I pass the following; ORDER i. Petition is allowed in part. ii. The respondent No.4 is hereby directed to release the petitioner (Prisoner CTP.17560) on parole for a period of 60 days from the date of his release. iii. Violation of any of the parole conditions would result in cancellation of parole automatically. iv. Registry to communicate this order to the jail authorities through electronic mail. Sd/- (M.NAGAPRASANNA) JUDGE KG List No.: 1 Sl No.: 203