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2025 DAILYLAW 26128 (KAR)

MR GANESHA @ GANI v. THE CHIEF SUPERINTENDENT PRISON CENTRAL PRISON

WP/13710/2025 · 2025-05-02

M Nagaprasanna

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:18124 WP No. 13710 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. 13710 OF 2025 (GM-POLICE) BETWEEN: MR. GANESHA @ GANI AGED ABOUT 42 YEARS, S/O VITALA BEARING CTP NO.787 MENASE, BHRATHI NAGARA, SRINGERI TALUKU CHIKKAMAGALURU DISTRICT - 577139 …PETITIONER (BY SRI. TALHA ISMAIL BENGRE, ADVOCATE) AND: 1. THE CHIEF SUPERINTENDENT PRISON CENTRAL PRISON SHIVAMUGGA 577222. 2. INSPECTOR STATION HOUSE OFFICER BHRATHI STREET, POLICE STATION ROAD SRINGERI-577139 …RESPONDENTS (BY SRI. RAHUL CARIAPPA, AGA) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO EXTEND THE PAROLE FOR 45 DAYS GIVEN BY THIS HONBLE COURT IN W.P. NO. 18423-2024 ON 07-04-2025 RELEASING HIM ON 15.04.2025 AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:18124 WP No. 13710 of 2025 CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER The convict himself is at the doors of this Court seeking his release on general parole for a period of 45 days. 2. Heard Sri. Talha Ismail Bengre, learned counsel appearing for the petitioner, Sri. Rahul Cariappa, learned AGA appearing for the respondents and have perused the material on record. 3. The petitioner gets embroiled in a crime for the offence punishable under Section 326A read with Section 34 of the IPC and he is tried in S.C.No.84/2015. The concerned Court, in terms of its order dated 15.07.2021, convicts the petitioner for the aforesaid offences. The petitioner has been in prison since 3 years and 4 months and seeking his release of parole on the demise of his father. - 3 - NC: 2025:KHC:18124 WP No. 13710 of 2025 4. In the light of the petitioner seeking the parole for the first time and on this circumstance of demise of his father, I deem it appropriate to grant the petitioner general parole for a period of 60 days, subject to the following: 5. For the aforesaid reasons, the following: ORDER (i) Writ Petition is allowed. (ii) The parole granted by this Court in W.P.No.18423/2024, disposed on 07.04.2025, is extended for another 60 days, which commences from 09.05.2025. (iii) Respondents shall stipulate strict conditions as were stipulated earlier, to ensure the return of the detenue (CTP No.787) to the gaol and that the petitioner shall not commit any other offence during the period of parole. (iv) The convict (CTP No.787) 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 would evade going back to Page no.03 is retyped and replaced vide chamber order dated 13.05.2025 - 4 - NC: 2025:KHC:18124 WP No. 13710 of 2025 the gaol, after the expiry of the period of parole. (v) Registry is directed to communicate this order to respondents, by way of electronic mail, forthwith. (vi) The petitioner is at liberty to seek extension of parole, which shall be considered looking at his conduct while he is out on parole. Sd/- (M.NAGAPRASANNA) JUDGE KG List No.: 5 Sl No.: 8