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2025 DAILYLAW 36292 (KAR)

SHANAZ KHANUM v. STATE OF KARNATAKA

WP/33602/2024 · 2025-01-27

R Devdas

Transfer Petitionbody2025

Judgment text

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- 1 - NC: 2025:KHC:3561 WP No. 33602 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 33602 OF 2024 (GM-POLICE) BETWEEN: SHANAZ KHANUM W/O IQBAL MOTHER OF SAJJAD KHAN CTP 10058 AGED ABOUT 59 YEARS, R/O 28, DURGAJI BUILDING 18TH CROSS, SAGAYAPURAM BANGALROE KARNATAKA - 570005. …PETITIONER (BY SRI. HALEEMA BEGUM H., ADVOCATE) AND: 1. STATE OF KARNATAKA HOME DEPARTMENT, THROUGH PRINCIPAL SECRETARY VIDHANA SOUDHA BENGALURU - 560001. 2. CHIEF SUPERINTENDENT CENTRAL PRISON BANGALORE - 560001. …RESPONDENTS (BY SRI. SHAMANTH NAIK., AGA) Digitally signed by DHARMALINGAM Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:3561 WP No. 33602 of 2024 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-2 TO RELEASE THE PETITIONERS SON SAJJAD KHAN CTP 10058 ON GENERAL PAROLE FOR A PERIOD OF 90 DAYS CITING THAT PETITIONER PETITIONERS ILLNESS, THE PRESENCE OF HER SON IS ESSENTIAL TO PROVIDE PHYSICAL SUPPORT AT THIS CHALLENGING TIME AS WELL AS TO BARE ALL THE EXPENSES FOR MEDICAL TREATMENT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R DEVDAS ORAL ORDER This writ petition is filed by the petitioner, who is the mother of Sri Sajjad Khan, who is undergoing sentence for the offence punishable under Section 302 of Indian Penal Code in S.C.No.158/2015, seeking a writ of mandamus directing the second respondent-Chief Superintendent of Central Prison, Bengaluru, to grant General Parole to her son Sri Sajjad Khan, (CTP No.10058). - 3 - NC: 2025:KHC:3561 WP No. 33602 of 2024 2. On the previous date of hearing, this Court had directed the learned AGA to secure instructions and make submissions. 3. Learned AGA today submits that similar petition was earlier filed in W.P.No.2735/2024 and by order dated 23.04.2024, 30 days parole was granted which ended on 24.05.2024. Learned AGA submits that general parole cannot be granted within a period of six months from the date of the previous parole and that is the reason why the application filed by the petitioner was rejected. 4. Learned AGA submits that now that the said period of six months has elapsed, the request made by the petitioner can be considered. 5. The petitioner, who is the mother of the prisoner contends that she is suffering from chest pain, blood pressure and APC (Antigen-presenting cell) and she requires her son’s presence to provide physical support as well as financial support for her medical treatment. - 4 - NC: 2025:KHC:3561 WP No. 33602 of 2024 6. Rule 635 of The Karnataka Prisons And Correctional Services Manual – 2021 provides that General Parole and Emergency Parole may be granted to the inmates for progressive measures of correctional services. The release of a prisoner on leave not only saves him from the evils of incarceration but also enables him to maintain social relations with his family and the community. It also helps him to maintain and develop a sense of self-confidence. Continued contacts with family and the community sustain in him a hope for life. There are many other such reasons which are cited for the purpose of grant of parole. The objectives of the parole are also contained in Rule 636 of the Manual. 7. In that view of the matter, this Court proceeds to pass the following : :ORDER: i) Respondent No.2 - Chief Superintendent of Central Prison, Bengaluru, is directed to grant General parole for a period of 30 days in respect of Sri.Sajjad Khan, CTP.No.10058, - 5 - NC: 2025:KHC:3561 WP No. 33602 of 2024 commencing from 28.01.2025 to 26.02.2025, for a period of 30 days. ii) The respondent No.2 shall stipulate strict conditions as are usually stipulated, to ensure return of the detune to the prison and that he shall not commit any other offence during the period of parole. iii) Registry is directed to communicate this order to respondent No.2, by way of electronic mail, forthwith. The Writ Petition stands disposed of accordingly. Sd/- (R DEVDAS) JUDGE JT/- CT: JL