Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 31009 (KAR)

SMT INDRA v. THE DIRECTOR GENERAL OF POLICE

WP/20147/2025 · 2025-07-08

S Sunil Dutt Yadav

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:24789 WP No. 20147 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 20147 OF 2025 (GM-POLICE) BETWEEN: SMT.INDRA W/O RAVIKUMARA, AGED 41 YEARS, R/AT R/AT CHATTANAHALLI VILLAGE, DUDDA HOBLI, VTC DYAPALAPURA, HASSAN DISTRICT - 573 220 (W/O CONVICT RAVIKUMAR IN CENTRAL PRISON, BENGALURU. (CONVICT PRISONER NO. 13057) …PETITIONER (BY SRI. VIJAYA PRASSAD, ADVOCATE) AND: 1. THE DIRECTOR GENERAL OF POLICE PRISONS AND CORRECTIONAL SERVICES, NO.9, SHESHADRI ROAD, GANDHI NAGAR, BENGALURU - 560 009. 2. THE CHIEF SUPERINTENDENT CENTRAL PRISON, PARAPPANA AGRAHARA, ELECTRONIC CITY POST, BENGALURU - 560 100. …RESPONDENTS (BY SMT.K.P.YASHODHA, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED ENDORSEMENT OF RESPONDENTS PRODUCED HEREWITH Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:24789 WP No. 20147 of 2025 AS ANNX-C AND ISSUE A WRIT ORDER OR DIRECTION IN THE NATURE OF MANDAMUS TO THE RESPONDENTS TO CONSIDER THE REQUISITION OF THE PETITIONER FOR EMERGENCY PAROLE FOR 30 DAYS SO AS TO ENABLE HIM FULFILL HIS PIOUS OBLIGATIONS TOWARDS HIS DECEASED FATHER AS PER HINDU CUSTOMS AND RITUALS. 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 The petitioner has sought for issuance of writ of mandamus to direct the respondents to grant 15 days Emergency Parole to the convict/prisoner Ravikumar S/o Venkataiah (CTP No.13057) who is stated to be her husband. 2. The petitioner is the wife of the convict/prisoner and has sought for enlargement on Emergency Parole in order to perform the ceremonies relating to the death of his father. The convict was sentenced for offenses punishable under Sections 302, 201, 120(B) and 34 of the Indian Penal Code (for short 'IPC'). It is asserted that the convict’s father passed away on 30.06.2025. Accordingly, the present petition has been filed. - 3 - HC-KAR NC: 2025:KHC:24789 WP No. 20147 of 2025 3. The learned Additional Government Advocate submits that they have verified regarding the death of the convict’s father. In light of the same, taking note of Section 643 i(a) of the Karnataka Prisons and Correctional Services Manual-2021, the petitioner is entitled to be released on Emergency Parole for a period of 15 days. As rightly pointed out by the learned Additional Government Advocate, the petitioner could have waited till the prison authority had decided under the manual. However, in the facts of the present case, looking into the factum of death of the convict’s father, it would be appropriate to enlarge the petitioner's Emergency Parole for 15 days. 4. Taking note of the facts made out in the present case, it would be appropriate to grant Emergency Parole for a period of 15 days. 5. Accordingly, this Court passes the following: ORDER i. The writ petition is allowed in part. ii. Mandamus is issued to the respondents/prison authority to release the convict/prisoner - 4 - HC-KAR NC: 2025:KHC:24789 WP No. 20147 of 2025 Ravikumar S/o Venkataiah (CTP No.13057) on Emergency Parole for a period of 15 days. iii. The convict/prisoner shall mark his attendance once in a week in the Jurisdictional Police Station throughout the period of parole. iv. The jurisdictional Police to ensure his surrender after the completion of period of parole. v. The second respondent-Chief Superintendent, Central Prison, Parappana Agrahara, Eelectronic City post, Bengaluru, may stipulate other conditions as may be necessary to ensure return of convict/prisoner. Accordingly, the petition stands disposed off. Learned Additional Government Advocate accepts notice for the respondents. Sd/- (S SUNIL DUTT YADAV) JUDGE BKN/List No.: 3 Sl No.: 1