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NC: 2025:KHC:11037 WP No. 33964 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 33964 OF 2024 (GM-POLICE)
BETWEEN:
KIRAN S/O PUTTARAMA, AGED ABOUT 33 YEARS, BROTHER OF PRISONER P. SRINIVASA @ GIRISH CTP NO. 19668, NO. 111, BELAVATTA GRAMA, RBI POST, VTC, MYSORE, KARNATAKA - 570 003. …PETITIONER (BY SRI. NAVEEN, ADVOCATE FOR SRI. SIRAJUDDIN AHMED, ADVOCATE)
AND:
1.
STATE OF KARNATAKA HOME DEPARTMENT, THROUGH PRINCIPAL SECRETARY, VIDHANA SOUDHA, BENGALURU - 560 001.
2.
CHIEF SUPERINTENDENT, CENTRAL PRISON, MYSORE - 570 007. …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 R-2 TO RELEASE THE BROTHER OF THE PETITIONER P.SRINIVASA ALIAS GIRISH CTP NO. 1966 ON GENERAL PAROLE FOR A PERIOD OF 90 DAYS IN THE INTEREST OF JUSTICE.
Digitally signed by NAGAVENI Location: High Court of Karnataka
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NC: 2025:KHC:11037 WP No. 33964 of 2024
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA
ORAL ORDER The petitioner is before this court seeking his release on grant of General Parole for a period of 90 days.
2. Heard Sri. Naveen, learned counsel appearing for the petitioner, Sri. Rahul Cariappa, learned AGA appearing for the respondents and have perused the material on record.
3. The petitioner gets embroiled in a crime which is tried in S.C.No.201/2013 for offences punishable under Sections 302 and 379 of the IPC. It transpires that since the said date the petitioner has been in prison and as on today, has completed 7 years, 8 months and 11 days in prison and has sought parole on three occasions and again applies for grant of general parole on the ground that his mother is ailing with several ailments and his presence with the mother is imperative. The application is filed by the convict which comes
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NC: 2025:KHC:11037 WP No. 33964 of 2024
to be rejected on the score that several rounds of parole is already over.
4.
Learned counsel for the petitioner submits that the petitioner who was released on parole on three occasions has suffered no adverse finding or has not jumped parole. Therefore, he is entitled for grant of general parole for the period that the Court would grant.
5. Learned AGA though would refute the submissions would submit that there is nothing adverse against the petitioner both inside the prison or outside the prison while he was out on parole.
6. In that light and also the illness of the mother projected with adequate material, I deem it appropriate to grant the petitioner general parole for a period of 60 days.
7. Certificates produced would depict that the convict himself is unwell apart from the mother being unwell.
8. In that light, I deem it appropriate to grant the petitioner general parole owing to the difficulties of the mother
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NC: 2025:KHC:11037 WP No. 33964 of 2024
of the petitioner for a period of 60 days, which would become operational from 20.03.2025 to 18.05.2025.
9. 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 him on general parole for 60 days, from the forenoon of 20.03.2025, till the evening of 18.05.2025.
(iii) Respondent No.2 shall stipulate strict conditions as are usually stipulated, to ensure the return of the detenue (CTP No.19668) to the gaol and that he shall not commit any other offence during the period of general parole.
(iv) The petitioner (CTP No.19668) 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.
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NC: 2025:KHC:11037 WP No. 33964 of 2024
(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 petitioner – convict while he is out on general parole.
Sd/- (M.NAGAPRASANNA) JUDGE
SJK List No.: 1 Sl No.: 12 CT: BHK