Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:9606 WP No. 28216 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 28216 OF 2024 (GM-POLICE) BETWEEN:
AMBARISH M., S/O LATE MUNIRAJ AGED ABOUT 39 YEARS RESIDING AT NO.45, NEW BINNAMAGALA INDIRANAGAR BENGALURU – 560 038. …PETITIONER (BY SRI SYED SALMAN, ADVOCATE FOR SRI SANTHOSH S., ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA HOME DEPARTMENT THROUGH PRINCIPAL SECRETARY VIDHANA SOUDHA BENGALURU – 560 001.
2.
CHIEF SUPERINTENDENT CENTRAL PRISION PARAPPANA AGRAHARA BENGALURU – 560 100. …RESPONDENTS (BY SRI SHAMANTH NAIK, HCGP)
Digitally signed by NAGAVENI Location: High Court of Karnataka
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NC: 2025:KHC:9606 WP No. 28216 of 2024
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R2 TO RELEASE THE PETITIONERS BROTHER MANJUNATH CTP 11702 LODGED IN BANGALORE PRISON ON PAROLE FOR A PERIOD OF 90 DAYS.
THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE MR JUSTICE M.NAGAPRASANNA
ORAL ORDER
The brother of the convict is before this Court seeking release of the convict on grant of general parole.
2. Heard Sri Syed Salman, learned counsel appearing for petitioner and Sri Shamanth Naik, learned High Court Government Pleader appearing for respondents.
3. The brother of the petitioner gets embroiled in a crime which leads to his conviction in S.C.No.747 of 2014 for an offence punishable under Section 302 of the IPC and he is sentenced to life imprisonment.
It transpires, the convict/brother of the petitioner had secured parole on an
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NC: 2025:KHC:9606 WP No. 28216 of 2024
earlier occasion and has returned to the gaol without any adverse entries in the prison records.
4. Learned counsel for the petitioner takes this Court through the documents appended to the petition seeking to demonstrate that the convict is suffering from uncontrolled diabetes and also swelling of left lower limb which requires immediate treatment. In that light, I deem it appropriate to grant parole to the brother of the petitioner for a period of 30 days to become operational from 08-03-2025.
5. For the aforesaid reasons, the following:
ORDER (i) The Writ Petition is allowed-in-part.
(ii) Mandamus issues to the respondent No.2 to release the convict (CTP No.11702) on general parole for a period of 30 days, commencing from the forenoon of 08.03.2025, till the evening of
06.04.2025.
(iii) The convict (CTP No.11702) shall mark his attendance before the jurisdictional police station, weekly once, throughout the period of his general parole and it would be the
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NC: 2025:KHC:9606 WP No. 28216 of 2024
responsibility of the jurisdictional police to take him to the gaol, in the event, the convict would evade going back to the gaol, after the expiry of the period of parole.
(iv) Respondent No.2 shall stipulate strict conditions as are usually stipulated, to ensure return of the convict to the gaol and that the convict shall not commit any other offence during the period of parole.
(v) The convict is at liberty to seek extension of parole, which shall be considered looking at the conduct of the convict while he is out on parole.
(vi) Registry is directed to communicate this order to respondent No.2, by way of electronic mail, forthwith.
SD/- ____________________ JUSTICE M.NAGAPRASANNA
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