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High Court of Karnataka · body

2025 DAILYLAW 26752 (KAR)

B R TIRUMALAI v. THE STATE OF KARNATAKA

WP/14529/2025 · 2025-05-15

M G S Kamal

Transfer Petitionbody2025

Judgment text

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- 1 - NC: 2025:KHC:18273 WP No. 14529 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF MAY, 2025 BEFORE THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 14529 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 - 560 064. …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. 2. THE CHIEF SUPERINTENDENT CENTRAL PRISON, PARAPPANA AGHRAHARA, 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 Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:18273 WP No. 14529 of 2025 BASAVANAGUDI POLICE STATION, BANGALORE 577301 …RESPONDENTS (BY SRI. BOPANNA B.,ADVOCATE) THIS WRIT PETITION IS FILED UNDER SECTIONS 226 AND 227 OF THE CONSTITUION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TAKING INTO CONSIDERATION OF THE PETITIONERS REQUEST AND TO EXTEND HIS PAROLE PERIOD OF 90 DAYS GRANTED BY THIS HONBLE COURT TIME TO TIME IN W.P. NO. 13469/2025 VIDE ANNX-G AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL ORAL ORDER Petitioner who is convicted for the offences punishable under Section 138 of Negotiable Instruments Act in Crl.A.No.1680/2019 is before this Court seeking extension of parole for a period of 90 days. 2. Petitioner was earlier released on parole in terms of order dated 29.04.2025 passed in W.P.No.13469/2025 on emergency medical grounds between the forenoon of 02.05.2025 till the evening of 16.05.2025. 3. It is submitted that petitioner has undergone surgery resulting in amputation of his toe and part of his leg. - 3 - NC: 2025:KHC:18273 WP No. 14529 of 2025 Medical records along with the photographs are enclosed with the petition. Petitioner is stated to be still admitted in Mahaveer Jain Hospital. It is submitted that as per the doctors advise petitioner requires bed rest for a period of 90 days. 4. Learned HCGP submits that considering the medical condition of the petitioner he be extended parole for a further period of 30 days. Counsel for the petitioner however insist that the petitioner is aged and has further medical conditions to be treated, therefore period of 90 days be extended. 5. Considering the medical records and the submissions made by the counsel for the parties, this Court is of the considered view that parole is extended for a period of 60 days from the evening of 16.05.2025 to the evening of 16.07.2025. 6. Accordingly, the following; ORDER (1) Petition is allowed in part. (2) Parole is extended for a period of 60 days from the evening of 16.05.2025 to the evening of 16.07.2025. - 4 - NC: 2025:KHC:18273 WP No. 14529 of 2025 (3) Considering the serious medical condition, the respondent No.2 is directed not to insist personal presence of the petitioner as he still stated to be admitted in Mahaveer Jain Hospital. (4) The respondent No.2 shall obtain necessary surety for return of the petitioner to the prison. SD/- (M.G.S. KAMAL) JUDGE RU List No.: 2 Sl No.: 1