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2025 DAILYLAW 26746 (KAR)

MANJAMMA v. THE STATE OF KARNATAKA

WP/14947/2025 · 2025-07-02

S Sunil Dutt Yadav

Transfer Petitionbody2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:23673 WP No. 14947 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 14947 OF 2025 (GM-POLICE) BETWEEN: 1. MANJAMMA W/O LATE VENKTESH AGED ABOUT 53 YEARS, R/AT RAMOHALLLI VILLAGE, KENGERI, BANGALORE SOUTH, KARNATAK-560060. …PETITIONER (BY SRI. NAGENDRA B., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL CHIEF SECRETORY DEPARTMENT OF HOME AND PRISON, VIDHANA SOUDHA, BANGALORE 560001. 2. CHIEF SUPERINTENDENT CENTRAL PRISON, SHIVAMOGGA, SHIVAMOGGA-577222. 3. INSPECTOR OF POLICE REPRESENTED BY SRIRAMAPURA POLICE STATION, SRIRAMPURA, HOSADURGA TALUK CHITHRADURGA DISTRICT-577542. Digitally signed by PRAKASH N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:23673 WP No. 14947 of 2025 4. DIRECTOR GENERAL OF POLICE AND INSPECTOR GENERAL OF PRISON AND CORRECTIONAL SERVICES NO -4 SESHADRI ROAD, BANGALORE -560009. (RESPONDENT NOS.1 TO 4 ON REPRESENTED BY LEARNED GOVERNMENT ADVOCATE, HIGHCOURT OF KARNATAKA BANGALORE-560 001.) …RESPONDENTS (BY SMT. K P YASHODHA, AGA) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO GRANT 90 DAYS GENERAL PAROLE TO THE PRISONER VENKATESHA S/O VENKATESHAPPA (CTP-01002) ON SUCH TERMS AND CONDITIONS. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV ORAL ORDER The petitioner has sought for issuance of writ of mandamus to direct the respondents to grant 90 days General Parole to the prisoner Venkatesha, S/o Venkateshappa (CTP 01002) who is stated to be her son. 2. The petitioner is the mother of the convict. The petitioner submits that General Parole ought to be granted in light of necessity to conduct repairs of her house as Monsoon is - 3 - HC-KAR NC: 2025:KHC:23673 WP No. 14947 of 2025 ensuing. It is further asserted that the elder brother of the convict is stated to be alcoholic and not residing with his mother, the petitioner herein. 3. Perused the report dated 06.01.2025. The only objection raised is as regards possibility of convict escaping as his relatives are located in Kerala. The report does not make out any other objection for parole. 4. The grant of parole is dependant upon the circumstances of the case and such power may be exercised in order to ensure that convict is not completely cut off from the society and relatives, as the petitioner is required to go back into the society after completion of sentence. 5. Taking note of the facts made out in the present case, it would be appropriate to grant parole for a period of 45 days. 6. Accordingly, this court passes the following: ORDER i) The writ petition is allowed in part. - 4 - HC-KAR NC: 2025:KHC:23673 WP No. 14947 of 2025 ii) Mandamus is issued to the respondents to release the convict/prisoner Venkatesha, S/o Venkateshappa (CTP 01002) on General Parole for a period of 45 days. iii) The convict/prisoner shall mark his attendance once in a week in the jurisdictional Police Station throughout the period of parole. iv) The jurisdictional Police to ensure his surrender after the completion of period of parole. v) The second respondent- Chief Superintendent, Central Prison, Shivamogga, may stipulate other conditions as may be necessary to ensure return of convict/prisoner. Accordingly, the petition stands disposed off. Sd/- (S SUNIL DUTT YADAV) JUDGE NP