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High Court of Karnataka · body

2025 DAILYLAW 25817 (KAR)

B.R TIRUMALAI v. THE STATE OF KARNATAKA

WP/13469/2025 · 2025-04-29

M Nagaprasanna

Transfer Petitionbody2025

Judgment text

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- 1 - NC: 2025:KHC:17823 WP No. 13469 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. 13469 OF 2025 (GM-POLICE) BETWEEN: B.R TIRUMALAI CTP NO.14948 S/O LATE RAMACHANDRA AGED ABOUT 64 YEARS, R/AT FLAT NO.367 B4 BLOCK, KENDRIYA VIHAR APPTS, B H ROAD YELAHANKA BENGALURU-560064 (SENIOR CITIEN BENEFIT NOT CLAIMED) …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-560001 Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:17823 WP No. 13469 of 2025 2. CHIEF SUPERINTENDENT CENTRAL PRISON PARAPPANA AGRAHARA BENGALURU-580100 3. THE DIRECTOR GENERAL OF POLCIE AND INSPECTOR GENERAL OF PRISON AND CORRECTIONAL SERVICES NO.4, SESHADRI ROAD BENGALURU-560009 4. INSPECTOR OF POLICE BASAVANAGUDI POLICE STATION BANGALORE-577301 …RESPONDENTS (BY SRI. RAHUL CARIAPPA K.S., AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENTS TAKING INTO CONSIDERATION OF THE PETITIONERS REQUEST AND TO EXTEND HIS PAROLE PERIOD GRANTED BY THIS HONBLE COURT IN W.P. NO.11526-2025 VIDE ANNEXURE-F AND ETC. 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 - convict (CTP No.14948) – Tirumalai, is before this Court seeking a direction by issuance of a writ in the nature of mandamus to the respondents to release him on - 3 - NC: 2025:KHC:17823 WP No. 13469 of 2025 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 gets convicted for the offence under Section 138 of the N.I.Act and is directed to pay fine of Rs.2.50crores, in default to pay the fine amount, to undergo imprisonment for a period of 1 year, in Crl.A.No.1680/2019, in terms of the judgment of conviction dated 18.12.2023. The petitioner is before this Court seeking emergency parole on the score that he has to undergo surgery. The petitioner has produced medical report of the Chief Medical Officer of the Central Prison along with a memo to demonstrate that the petitioner is required to undergo surgery immediately. Therefore, he seeks emergency parole for a period of 15 days. 4. Learned Additional Government Advocate does not object for grant of emergency parole to the petitioner on medical grounds. - 4 - NC: 2025:KHC:17823 WP No. 13469 of 2025 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/Tirumalai, (CTP No.14948) on emergency parole from the forenoon of 02.05.2025, till the evening of 16.05.2025. (iii) 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. (iv) Registry is directed to communicate this order to respondent No.2, by way of electronic mail, forthwith. - 5 - NC: 2025:KHC:17823 WP No. 13469 of 2025 (v) Liberty is granted to the petitioner – convict to seek extension of parole, in the event of need. Sd/- (M.NAGAPRASANNA) JUDGE KG List No.: 5 Sl No.: 9