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2025 DAILYLAW 26775 (KAR)

MAHANTESHA v. THE STATE OF KARNATAKA

WP/14551/2025 · 2025-05-20

C M Joshi

Transfer Petitionbody2025

Judgment text

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- 1 - NC: 2025:KHC:18296 WP No. 14551 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF MAY, 2025 BEFORE THE HON'BLE MR JUSTICE C M JOSHI WRIT PETITION NO. 14551 OF 2025 (GM-POLICE) BETWEEN: MAHANTESHA, CTP NO. 14937, S/O MAHALINGAPPA, AGED ABOUT 35 YEARS, R/A JODICHIKKENAHALLI, DODDASIDDANAHALLI HOBLI, THOPANAMALLIGE POST, CHITRADURGA TALUK AND DISTRICT, PIN CODE - 577501. …PETITIONER (BY SRI N VIVEK, 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. Digitally signed by NANDINI R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:18296 WP No. 14551 of 2025 4. INSPECTOR OF POLICE, SIRA POLICE STATION, TUMKUR-572 101. …RESPONDENTS (BY SRI GOPALAKRISHNA SOODI, AGA) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TAKING INTO CONSIDERATION OF THE PETITIONER'S REQUEST AND TO EXTEND HIS PAROLE PERIOD GRANTED BY THIS HON'BLE COURT IN W.P.NO. 13538/2025 DTD. 29.04.2025 VIDE ANNEXURE-F. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE C M JOSHI ORAL ORDER Learned Additional Government Advocate takes notice for respondents. 2. Heard the learned counsel appearing for the petitioner. 3. The petitioner is seeking the extension of parole period on the ground of severe health conditions. 4. This Court by order dated 29.04.2025 in W.P.No.13538/2025 had passed the following order: "(i) The Writ Petition is allowed in part. - 3 - NC: 2025:KHC:18296 WP No. 14551 of 2025 (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. 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. 5. Now the learned counsel for petitioner submits that the surgery is slated on 24.05.2025. 6. The perusal of Annexure-D would show the same. Therefore, the parole is extended until 15.06.2025. - 4 - NC: 2025:KHC:18296 WP No. 14551 of 2025 7. The conditions imposed by this Court in W.P.No.13538/2025 referred supra would continue to be applicable till then. 8. Writ petition is disposed of accordingly. Sd/- (C M JOSHI) JUDGE tsn* List No.: 1 Sl No.: 218