Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:16481 WP No. 31905 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 31905 OF 2024 (GM-POLICE) BETWEEN:
BRUNDA M. S., W/O JAGADEESH MOTHER/O SRIRANGA ABHISHEK @ ABHISHEK CTP - 11311 AGED ABOUT 70 YEARS R/O NO.5127, 5TH MAIN, 3RD CROSS VIJAYANAGAR, MYSORE DISTRICT KARNATAKA - 570 017. …PETITIONER (BY SRI HALEEMA BEGUM, ADVOCATE) AND:
1.
STATE OF KARNATAKA HOME DEPARTMENT THROUGH PRINCIPAL SECRETARY VIDHANA SOUDHA BENGALURU – 560 001.
2.
CHIEF SUPERINTENDENT CENTRAL PRISON BENGALURU - 560 100 …RESPONDENTS (BY SRI RAHUL CARIAPPA K. S., AGA)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-2
Digitally signed by NAGAVENI Location: High Court of Karnataka
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NC: 2025:KHC:16481 WP No. 31905 of 2024
THAT PETITIONERS SON SRIRANGA ABHISHEK ALIAS ABHISHEK CTP 11311 WHO IS PRESENTLY LODGED IN CENTRAL PRISON BENGALURU AS CONVICT PRISONER UNDERGOING LIFE SENTENCE FOR OVER 11 YEARS 9 MONTHS FOR THE OFFENCE P/U/S 120(B), 396, 397, 302, 201 OF IPC MAY BE RELEASED ON GENERAL PAROLE FOR A PERIOD OF 90 DAYS IN ACCORDANCE WITH LAW, BASED ON THE CUSTODY PERIOD HE HAS UNDERGONE, HE WAS PREVIOUSLY NOT RELEASED ON PAROLE AND ALSO HIS MOTHER IS FACING HARDSHIP LIKE SUCH AS FINANCIAL STRESS WHICH AFFECT BASIC NEEDS SO HER SONS PRESENCE IS NECESSARILY ESSENTIAL.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA
ORAL ORDER The petitioner is the mother of the convict (CTP No.11311) – Sriranga Abhishek @ Abhishek, is before this Court seeking a direction by issuance of a writ in the nature of mandamus to respondent No.2 to release the convict on general parole for a period of 90 days in terms of the Prison Manual.
2. Heard Smt. Haleema Begum, learned counsel for the petitioner and Sri Rahul Cariappa, learned Additional Government Advocate for the respondents – State.
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NC: 2025:KHC:16481 WP No. 31905 of 2024
3. The son of the petitioner gets embroiled in a crime for the offences punishable under Sections 120B, 396, 397, 302 and 201 of the IPC and was tried in S.C.No.744/2014, for the afore-quoted offences. As on today, the convict has suffered imprisonment for 11 years and 9 months. The petitioner files an application before the Chief Superintendent of Central Prison seeking general parole and the same is pending consideration. Therefore, the petitioner is knocking at the doors of this Court seeking enlargement of her son on general parole.
4. Learned counsel for the petitioner submits that the petitioner has been in prison for the last 11 years 9 months as per the prison certificate. The convict has not availed any kind of parole in the tenure of his conviction period and now the petitioner is seeking release of her son on general parole on the ground that the house she is residing is in dilapidated condition and requires renovation. The conduct of the convict in terms of the imprisonment certificate is satisfactory and therefore, seeks release of the convict on general parole for the purpose of renovation of the house.
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NC: 2025:KHC:16481 WP No. 31905 of 2024
5. Learned Additional Government Advocate on instructions and verification of the records would submit that nothing adverse against the petitioner in his tenure in the prison and the petitioner is not left off on parole for the last 12 years.
6. In the light of the aforesaid submissions, I deem it appropriate to grant the convict – CTP No.11311 general parole for a period of 60 days, which becomes operational from the forenoon of 25.04.2025 upto the evening of 23.06.2025.
7. For the aforesaid reasons, the following:
ORDER (i) The Writ Petition is allowed in part. (ii) Mandamus issues to respondent No.2 to consider the representation of the petitioner and release the detenue/Sriranga Abhishek @ Abhishek, (CTP No.11311) on general parole from the forenoon of 25.04.2025, till the evening of
23.06.2025. (iii) The petitioner - convict (CTP No.11311) - 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
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NC: 2025:KHC:16481 WP No. 31905 of 2024
jurisdictional police to take him to gaol, in the event, the convict (CTP No.11311) would evade going back to the gaol, after the expiry of the period of general parole. (iv) Respondent No.2 shall stipulate strict conditions as are usually stipulated, to ensure return of the detenue to the gaol and that he shall not commit any other offence during the period of parole. (v) Registry is directed to communicate this order to respondent No.2, by way of electronic mail, forthwith. (vi) The petitioner is at liberty to seek extension of parole, which shall be considered looking at the conduct of the son of the petitioner – convict while he is out on parole.
Sd/- (M.NAGAPRASANNA) JUDGE
NVJ List No.: 1 Sl No.: 164 CT:SS