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2025 DAILYLAW 36309 (KAR)

RAMESH v. THE STATE OF KARNATAKA

WP/34519/2024 · 2025-03-24

M Nagaprasanna

Transfer Petitionbody2025

Judgment text

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- 1 - NC: 2025:KHC:12376 WP No. 34519 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 34519 OF 2024 (GM-POLICE) BETWEEN: RAMESH, S/O RADHAKRISHNA, AGED ABOUT 34 YEARS, R/AT NO. 26, 13TH MAIN ROAD, KP AGRAHARA, BANGALORE - 560 023. REPRESENTED BY HIS FATHER RADHAKRISHNA S/O A. GOVINDASWAMY NAIDU, AGED ABOUT 70 YEARS, R/AT NO. 26, 13TH MAIN ROAD, K.P. AGRAHARA, BANGALORE - 560 023. …PETITIONER (BY SRI. BASAVARAJU T.A, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY POLICE INSPECTOR, K.P. AGRAHARA POLICE STATION, BANGALORE - 560 100. 2. THE COMMISSIONER OF POLICE, BANGALORE CITY, BANGALORE - 560 100. 3. THE DIRECTOR GENERAL OF POLICE AND INSPECTOR GENERAL OF POLICE, THE OFFICE OF THE DIRECTOR GENERAL Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:12376 WP No. 34519 of 2024 OF POLICE AND INSPECTOR GENERAL OF POLICE, KARNATAKA STATE, BANGALORE - 560 002. 4. THE CHIEF SUPERINTENDENT, CENTRAL PRISON, BANGALORE - 560 100. …RESPONDENTS (BY SRI. RAHUL CARIAPPA, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT ISSUED BY THE RESPONDENT NO.4 DATED 04.11.2024 REF NO. CPB/CTP-SEC/11732/2024 AT ANNEXURE- E AND CONSEQUENTLY RELEASE THE PETITIONER ON EMERGENCY PAROLE AS PRAYED IN THE REPRESENTATION AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner - convict is before this Court seeking his release on general parole on account of illness of his mother, for a period of 90 days. The petitioner has appended the prison certificate, which depicts that the petitioner has now been in - 3 - NC: 2025:KHC:12376 WP No. 34519 of 2024 prison for 8 years and 8 months for an offence punishable under Section 302 of the Indian Penal Code, 1860. 2. Heard Shri Basavaraju, learned counsel appearing for the petitioner and Shri Rahul Cariappa, learned Additional Government Advocate appearing for the respondents. 3. Learned counsel appearing for the petitioner submits that it is the first time he is seeking parole in the last eight and a half years of his imprisonment. 4. Learned Additional Government Advocate on instructions would submit that there is nothing adverse against this petitioner in the present. 5. In that light, I deem it appropriate to grant the petitioner general parole for a period of 60 days to begin from 26.03.2025 to 24.05.2025. 6. For the aforesaid reasons, the following: ORDER (i) The Writ Petition is allowed in part. - 4 - NC: 2025:KHC:12376 WP No. 34519 of 2024 (ii) The impugned endorsement bearing No.CPB/CTP-Sec/11732/2024 dated 04.11.2024 issued by respondent No.4 stands quashed. (iii) Respondent No.4 to consider the representation of the petitioner and release the petitioner on general parole for a period of 60 days, from the forenoon of 26.03.2025, till the evening of 24.05.2025. (iv) The respondent No.4 shall stipulate strict conditions as are usually stipulated, to ensure the return of the detenue (CTP No.13324) to the gaol and that he shall not commit any other offence during the period of general parole. (v) The petitioner (CTP No.13324) 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 petitioner would evade going back to the gaol, after the expiry of the period of general parole. (vi) Registry is directed to communicate this order to respondent Nos.2 to 4, by way of electronic mail, forthwith. - 5 - NC: 2025:KHC:12376 WP No. 34519 of 2024 (vii) The petitioner is at liberty to seek extension of parole, which shall be considered looking at the conduct of the petitioner – convict while he is out on general parole. Sd/- (M.NAGAPRASANNA) JUDGE JY List No.: 1 Sl No.: 81 CT: BHK