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2025 DAILYLAW 29305 (KAR)

MR GANESHA @ GANI v. THE CHIEF SUPERINTENDENT PRISON

WP/18423/2024 · 2025-04-07

M Nagaprasanna

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:14743 WP No. 18423 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 18423 OF 2024 (GM-POLICE) BETWEEN: MR. GANESHA @ GANI, AGED ABOUT 42 YEARS, BEARING CTP NO. 787, S/O VITALA MENASE, BHRATHI NAGARA, SRINGERI TALUKU CHIKKAMAGALURU DIST. - 577 139. …PETITIONER (BY SRI. TALHA ISMAIL BENGRE, ADVOCATE) AND: 1. THE CHIEF SUPERINTENDENT OF PRISON CENTRAL PRISON, SHIVAMOGGA - 577 222. 2. INSPECTOR STATION HOUSE OFFICER, BHRATHI STREET, POLICE STATION ROAD, SRINGERI - 577 139. …RESPONDENTS (BY SRI. RAHUL CARIAPPA, AGA) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO 1) SET ASIDE THE Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:14743 WP No. 18423 of 2024 PAROLE REJECTION ORDERS DATED 23/09/2023 AND 07/06/2024 PASSED BY RESPONDENT AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER The convict himself is at the doors of this Court seeking his release on parole for a period of 30 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 offence. 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:14743 WP No. 18423 of 2024 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 parole for a period of 30 days, which would become operational from 09.04.2025 to 08.05.2025. 5. For the aforesaid reasons, the following: ORDER (i) Writ Petition is allowed. (ii) Mandamus issues respondents to consider the representation of the petitioner and release him on parole for 30 days, from the forenoon of 09.04.2025, till the evening of 08.05.2025. (iii) Respondents shall stipulate strict conditions as are usually stipulated, 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 - 4 - NC: 2025:KHC:14743 WP No. 18423 of 2024 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 SJK List No.: 1 Sl No.: 8 CT: BHK