Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:11510 WP No. 19075 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 19075 OF 2024 (GM-POLICE)
BETWEEN:
MR SURESH AGED ABOUT 45 YEARS S/O NARYANAPPA RAGI GUDDA, SHANTI NAGARA, NAVILE, SHIVMOGGA - 577204 …PETITIONER (BY SRI. TALHA ISMAIL BENGRE, ADVOCATE)
AND:
1.
THE CHIEF SUPERINTENDENT PRISON CENTRAL PRISON SHIVAMOGGA - 577222
2.
STATION HOUSE OFFICER RURAL POLICE STATION, SHIVMOGGA, BANGALORE-HONNAVAR HWY OPP. INSTITUTE OF MEDICAL SCIENCE POLICE STATION QUARTERS SHIVAMOGGA, KARNATAKA …RESPONDENTS (BY SRI. SHAMANTH NAIK, HCGP)
THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO-SET ASIDE THE PAROLE REJECTION DTD 06.12.2021 PASSED BY RESPONDENT 2 VIDE ANNEXURE-C ; DIRECT BY THE WRIT TO THE RESPONDENT TO RELEASE THIS PETITIONER BEARING CTP NO.353 ON PAROLE FOR THE PERIOD OF 30 DAYS AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING - 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
Digitally signed by NAGAVENI Location: High Court of Karnataka
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NC: 2025:KHC:11510 WP No. 19075 of 2024
CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA
ORAL ORDER The petitioner is before this Court seeking quashment of an endorsement dated 06.12.2021, which rejects the claim of the petitioner for grant of parole for a period of 30 days.
2. Heard the learned counsel Sri.Talha Ismail Bengre, appearing for the petitioner and the learned High Court Government Pleader Sri.Shamanth Naik, appearing for the respondents.
3. The petitioner gets embroiled in a crime for offences punishable under Section 302 of the IPC and is convicted by the Court of Session. The petitioner as on today been in prison for seven years and one month and has secured parole on two occasions.
4. The learned HCGP on verification of the records would submit that the petitioner has not suffered any adverse entry on both the occasions when he was out on parole and has returned to the gaol on both the occasions.
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NC: 2025:KHC:11510 WP No. 19075 of 2024
5. The learned counsel for the petitioner submits that the petitioner himself is ill and would need better treatment outside and has produced certain documents to that effect.
6. In that light, I deem it appropriate to grant the petitioner general parole for a period of 30 days to become operational from 21.03.2025.
7. For the aforesaid reasons, the following:
ORDER (i) The Writ Petition is allowed in part.
(ii) The parole rejection
order dated 06.12.2021 passed by respondent No.2 bearing No. /67/ೆೋ/ಆ /2021 is set aside.
(iii) Mandamus issues respondent No.2 to consider the representation of the petitioner and release the petitioner on general parole for 30 days, from the forenoon of 21.03.2025, till the evening of
19.04.2025.
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NC: 2025:KHC:11510 WP No. 19075 of 2024
(iv) Respondent No.2 shall stipulate strict conditions as are usually stipulated, to ensure the return of the detenue (CTP No.353) to the gaol and that he shall not commit any other offence during the period of general parole.
(v) The petitioner (CTP No.353) shall mark his attendance in the jurisdictional police station, weekly once throughout the period of his general parole and it would be the responsibility of the jurisdictional police to take him to gaol, in the event, the petitioner would evade going back to the gaol, after the expiry of the period of general parole.
(vi) Registry is directed to communicate this order to respondent No.2, by way of electronic mail, forthwith.
(vii) The petitioner is at liberty to seek extension of parole, which shall be considered looking at the conduct of the petitioner.
Sd/- (M.NAGAPRASANNA) JUDGE
KG List No.: 1 Sl No.: 95