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2025 DAILYLAW 30235 (KAR)

BHUVANESHA T P @ KUTTI v. THE STATE OF KARNATAKA

WP/19135/2025 · 2025-07-10

S Sunil Dutt Yadav

Transfer Petitionbody2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:25236 WP No. 19135 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 19135 OF 2025 (GM-POLICE) BETWEEN: BHUVANESHA T P @ KUTTI, S/O CHATHU KUTTI, AGED ABOUT 32 YEARS, R/AT 1ST CROSS, NEAR GANESH TEMPLE, N.G.R LAYOUT, RUPENA AGRAHARA, BOMMANAHALLI, BENGALURU - 560 068. NOW IN CENTRAL PRISON HAVING CTP NO. 7155 PRAPPANA AGRAHARA, BENGALURU - 560 100. …PETITIONER (BY SRI. MANJUNATHA RAO LOKANDE N, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REP. BY PRINCIPAL SECRETARY HOME DEPARTMENT, VIDHAN SOUDHA, BENGALURU - 560 001. 2. THE SUPERINTENDENT OF POLICE, BENGALURU DISTRICT, BENGALURU - 560 001. 3. THE CHIEF SUPERINTENDENT, Digitally signed by PRAKASH N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:25236 WP No. 19135 of 2025 CENTRAL PRISON, PARAPPANA AGRAHARA, BENGALURU - 560 100. 4. THE DIRECTOR GENERAL OF POLICE AND INSPECTOR GENERAL OF POLICE, KARNATAKA PRISON CORRECTIONAL SERVICES, SHESHADRI ROAD, BENGALURU - 560 009. 5. THE INSPECTOR OF POLICE, PUTTENAHALLI POLICE STATION, BENGALURU - 560 078. …RESPONDENTS (BY SMT. K.P. YASHODHA, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE POLICE REPORT DATED 15-06-2025 ISSUED BY THE R5 BEARING NO. P.T.H.P.S/CC/220-2025 (PRODUCED VIDE ANNEXURE-E) TO THE WP AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV ORAL ORDER 1. The petitioner has sought for setting aside of the Report dated 15.06.2025 as well as the endorsement - 3 - HC-KAR NC: 2025:KHC:25236 WP No. 19135 of 2025 dated 16.06.2025 whereby the request for parole has been rejected. 2. The petitioner as sought for being enlarged on parole on the ground that he intends to marry. It is noticed that the Police report has been obtained and the same is filed at Annexure-E. There are no adverse reports and in fact the Police have certified to his good conduct. 3. The only observation made was as the marriage is scheduled at Kerala, they have not been able to get full information. 4. It is noticed that the petitioner has served sentence along with remission for more than 14 years as on date as is evidenced at Annexure-C. There is no adverse report regarding his behavior including on previous parole as is made out from Annexure-C which is an imprisonment certificate. 5. It is also a settled position of law that the in view of the appropriate circumstances parole can be granted and - 4 - HC-KAR NC: 2025:KHC:25236 WP No. 19135 of 2025 objective of which is to also ensure that the convict when comes out upon remission is in a position to integrate into the society. 6. Taking note of the same and also the stand of the Government counsel, it is submitted that there are no adverse circumstances as mentioned in the report, case is made out to enlarge the petitioner on parole for a limited period of time. Accordingly, the following: ORDER i) The petition is allowed. ii) Mandamus issued to the respondent to release convict bearing CTP No.7155 on parole for a period of 45 days. iii) The convict shall mark his attendance before the jurisdictional police once in a fortnight, through out the period of parole. - 5 - HC-KAR NC: 2025:KHC:25236 WP No. 19135 of 2025 iv) The Jurisdictional police to ensure his surrender after completion of period of parole. v) The Chief Superintendent of the prison may stipulate other conditions as may be necessary to ensure return of the convict. Sd/- (S SUNIL DUTT YADAV) JUDGE DHA List No.: 1 Sl No.: 19 CT: BHK