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2025 DAILYLAW 35927 (KAR)

JULLUR RAHAMAN ENTAJ ALI v. STATE OF KARNATAKA

WP/33408/2024 · 2025-03-27

M Nagaprasanna

Transfer Petitionbody2025

Judgment text

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- 1 - NC: 2025:KHC:13013 WP No. 33408 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 33408 OF 2024 (GM-POLICE) BETWEEN: JULLUR RAHAMAN ENTAJ ALI, S/O ENTAJ ALI, FATHER OF ABDUL KADIR CTP: 12117, AGED ABOUT 56 YEARS, R/O BAIDYANATHPUR, SABDALPUR DEONAPUR, MALDAH, WEST BENGAL - 732 201. …PETITIONER (BY SMT. UMME SALMA, ADVOCATE FOR SMT. HALEEMA BEGUM H., 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, AGA) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT 2 TO RELEASE THE PETITIONERS SON ABDUL KADIR CTP 12117 ON GENERAL PAROLE FOR A PERIOD OF 90 DAYS CITING THAT PETITIONER PETITIONERS ILLNESS, THE PRESENCE OF HIS SON IS ESSENTIAL TO PROVIDE PHYSICAL Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:13013 WP No. 33408 of 2024 SUPPORT AT THIS CHALLENGING TIME AS WELL AS TO BARE ALL THE EXPENSES FOR MEDICAL TREATMENT. 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 before this Court seeking release of his son on General Parole for a period of 90 days. 2. Heard Smt. Umme Salma, learned counsel appearing for the petitioner, Sri. Rahul Cariappa, learned AGA appearing for the respondents and have perused the material on record. 3. The son of the petitioner gets embroiled in a crime for offences punishable under Sections 120B, 489B and 489C read with Section 34 of the IPC and he is tried in Spl.C.Nos.785/2018 and 1/2019 and he is convicted for 7 years imprisonment, out of which, he has now undergone 6 years of imprisonment. - 3 - NC: 2025:KHC:13013 WP No. 33408 of 2024 4. Learned counsel appearing for the petitioner submits that the convict is seeking parole for the first time and the reason for seeking parole is ill health of the petitioner. The imprisonment certificate appended to the petition would not indicate anything adverse against the son of the petitioner. 5. In that light, I deem it appropriate to grant general parole to the son of the petitioner for a period of 60 days, which would become operational from 29.03.2025 to 27.05.2025. 6. For the aforesaid reasons, the following: ORDER (i) Writ Petition is allowed in part. (ii) Mandamus issues respondent No.2 to consider the representation of the petitioner and release his son on general parole for 60 days, from the forenoon of 29.03.2025, till the evening of 27.05.2025. (iii) Respondent No.2 shall stipulate strict conditions as are usually stipulated, to ensure the return of the detenue (CTP No.12117) to the gaol and that the convict shall not commit - 4 - NC: 2025:KHC:13013 WP No. 33408 of 2024 any other offence during the period of general parole. (iv) The convict (CTP No.12117) 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 convict would evade going back to the gaol, after the expiry of the period of general parole. (v) Registry is directed to communicate this order to respondent No.2, by way of electronic mail, forthwith. (vi) 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 general parole. Sd/- (M.NAGAPRASANNA) JUDGE SJK List No.: 1 Sl No.: 62 CT: BHK