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2025 DAILYLAW 25540 (KAR)

SMT R B CHAITHRA v. THE STATE OF KARNATAKA

WP/12939/2025 · 2025-05-02

M Nagaprasanna

body2025

Judgment text

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- 1 - NC: 2025:KHC:18125 WP No. 12939 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. 12939 OF 2025 (GM-POLICE) BETWEEN: 1. SMT. R B CHAITHRA W/O NAVEEN N D AGED ABOUT 33 YEARS, R/AT NUGGEHALLI HOBALI, CHANNARAYAPATNA, HASSAN 573131 THE PETITIONER IS THE WIFE OF THE CONVICTED PRISONER NO.01173 NAVEEN N D @ SUBSIDY NAVEEN S/O DEVARAJ N. N. …PETITIONER (BY SMT. HEMA KARIYAPPA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP BY ITS PRINCIPAL SECRETARY DEPARTMENT OF HOME, VIDHANA SOUDHA, BENGALURU - 560 001, Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:18125 WP No. 12939 of 2025 2. THE DIRECTOR GENERAL OF POLICE, PRISONS AND CORRECTIONAL SERVICES, SESHADRI ROAD, BENGALURU-560003, 3. THE SUPERINTENDENT, CENTRAL PRISON, MYSORE 570007 …RESPONDENTS (BY SRI. RAHUL CARIAPPA, AGA) THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTION IN THE NATURE OF MANDAMUS TO THE R-2 AND 3 FOR GENERAL PAROLE FOR A PERIOD OF 90 DAYS TO THE PRISONER NO. 01173 NAVEEN N.D. S/O DEVARAJ N N. 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 before this seeking release of her husband on parole on owing to the ailing health of the petitioner. - 3 - NC: 2025:KHC:18125 WP No. 12939 of 2025 2. Heard Smt. Hema Kariyappa, learned counsel appearing for the petitioner, Sri. Rahul Cariappa, learned AGA appearing for the respondents and have perused the material on record. 3. The husband of the petitioner gets convicted for offence punishable under Section 120B read with Section 302 of IPC along with other accused. For the first time, the convict is wanting emergency parole on the score of ill health of the petitioner. 4. Therefore, I deem it appropriate to grant the husband of the petitioner parole for a period of 30 days, though due to the ensuing Summer Vacation-2025, notwithstanding the fact that emergency parole can be granted only for 15 days, subject to the following: ORDER (i) The Writ Petition is allowed-in-part. (ii) Mandamus issues to respondent Nos.2 and 3 to release the husband of the petitioner - 4 - NC: 2025:KHC:18125 WP No. 12939 of 2025 (Convict – CTP No.01173) on general parole for a period of 30 days, which commences from the date of the release of the convict. (iii) The convict (CTP No. 01173) - 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. 01173) would evade going back to the gaol, after the expiry of the period of general parole. (iv) Respondent Nos.2 and 3 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. (v) Registry is directed to communicate this order to respondent Nos.2 and 3, by way of electronic mail, forthwith. Sd/- (M.NAGAPRASANNA) JUDGE KG List No.: 1 Sl No.: 127