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2025 DAILYLAW 25801 (KAR)

MAHANTESHA v. THE STATE OF KARNATAKA

WP/13538/2025 · 2025-04-29

M Nagaprasanna

Transfer Petitionbody2025

Judgment text

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- 1 - NC: 2025:KHC:17843 WP No. 13538 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. 13538 OF 2025 (GM-POLICE) BETWEEN: MAHANTESHA CTP NO. 14937 S/O. MAHALINGAPPA, AGED ABOUT 35 YEARS, R/AT JODICHIKKENAHALLI, DODDASIDDANAHALLI HOBLI, THOPANAMALLIGE POST, CHITRADURGA TALUK AND DISTRICT, PIN CODE-577 501. …PETITIONER (BY SRI. VIVEK N., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS ADDITIONAL CHIEF SECRETARY, DEPARTMENT OF HOME AND PRISON, VIDHANA SOUDHA, BENGALURU-560 001. Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:17843 WP No. 13538 of 2025 2. THE CHIEF SUPERINTENDENT CENTRAL PRISON, PARAPPANA AGRAHARA, BENGALURU-580 100. 3. THE DIRECTOR GENERAL OF POLICE AND INSPECTOR GENERAL OF PRISON AND CORRECTIONAL SERVICES NO.4, SESHADRI ROAD, BENGALURU-560 009. 4. INSPECTOR OF POLICE SIRA POLICE STATION, TUMKUR-572 101. …RESPONDENTS (BY SRI. RAHUL CARIAPPA, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TAKING INTO CONSIDERATION OF THE PETITIONERS REQUEST AND TO EXTEND HIS PAROLE PERIOD GRANTED BY THIS HONBLE COURT IN WP.NO.9533/2025 DATED 02/04/2025 VIDE ANNEXURE C AND WP NO. 11735/2025 VIDE ANNEXURE E AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC:17843 WP No. 13538 of 2025 CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner - convict (CTP No.14937) – Mahantesha, is before this Court seeking a direction by issuance of a writ in the nature of mandamus to the respondents to release him on emergency parole for a period of 15 days in terms of the Prison Manual, on medical grounds. 2. Heard Sri Vivek N., learned counsel for the petitioner and Sri Rahul Cariappa, learned Additional Government Advocate for the respondents – State. 3. The petitioner is a convict for the offences under Sections 376(2)(g) r/w. 120B, 506, 292 of the IPC and Section 66E of the Information Technology Act, 2000, in S.C.No.309/2012, in terms of the judgment of conviction dated 25.11.2024. The petitioner has been in custody since 2012 and thereafter was released on bail. The petitioner is before this Court seeking emergency parole owing to an acute medical condition. The petitioner has produced medical report of the - 4 - NC: 2025:KHC:17843 WP No. 13538 of 2025 Chief Medical Officer to demonstrate that the petitioner has medical emergency and therefore, seeks emergency parole for a period of 15 days. 4. Learned Additional Government Pleader does not object for grant of emergency parole to the petitioner on medical grounds. 5. In the light of the aforesaid fact and circumstance as projected by the petitioner, I deem it appropriate to grant emergency parole for a period of 15 days, which period commences from the forenoon of 02.05.2025 upto the evening of 16.05.2025. 6. For the aforesaid reasons, the following: ORDER (i) The Writ Petition is allowed in part. (ii) Mandamus issues to respondent No.2 to consider the representation of the petitioner and release the detenue/Mahantesha, (CTP No.14937) on emergency parole from the forenoon of 02.05.2025, till the evening of 16.05.2025. - 5 - NC: 2025:KHC:17843 WP No. 13538 of 2025 (iii) The petitioner - convict (CTP No.14937) - shall mark his attendance in 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 (CTP No.14937) would evade going back to the gaol, after the expiry of the period of emergency parole. (iv) Respondent No.2 shall stipulate strict conditions as are usually stipulated, to ensure return of the detenue to the gaol and that he shall not commit any other offence during the period of emergency parole. (v) Registry is directed to communicate this order to respondent No.2, by way of electronic mail, forthwith. (vi) Liberty is granted to the petitioner – convict to seek extension of parole, in the event of need. Sd/- (M.NAGAPRASANNA) JUDGE KG List No.: 12 Sl No.: 1