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2025 DAILYLAW 36546 (KAR)

SUJAYARATHNALEELA v. STATE OF KARNATAKA

WP/34156/2024 · 2025-05-02

M Nagaprasanna

Transfer Petitionbody2025

Judgment text

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- 1 - NC: 2025:KHC:17930 WP No. 34156 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF MAY, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 34156 OF 2024 (GM-POLICE) BETWEEN: SUJAYARATHNALEELA, C/O LATE B.K. BASHEER, MOTHER OF PRISONER B AMITH BABU CTP 18893, AGED ABOUT 74 YEARS, R/O. NO. 310, HIRIDEVAMMA STREET, BELAGOLA, MANDYA, KARNATAKA - 571 606. …PETITIONER (BY 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 SON OF THE PETITIONER B AMITH BABU Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:17930 WP No. 34156 of 2024 CTP 18893 ON GENERAL PAROLE FOR A PERIOD OF 90 DAYS IN THE INTEREST OF JUSTICE. 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 mother of the convict is before this Court, seeking the release of her son on general parole for a period of 90 days. 2. Heard Sri. Sirajuddin Ahmed, 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 an offence punishable under Section 302 of the IPC and he is tried in S.C.No.161/2014 and he is sentenced to undergo life imprisonment. The son of the petitioner has now undergone close to 11 years of imprisonment and has availed parole twice. - 3 - NC: 2025:KHC:17930 WP No. 34156 of 2024 4. Learned AGA on instructions would submit that there is nothing adverse against the convict nor has jumped parole at anytime. 5. In that light, I deem it appropriate to grant the son of the petitioner general parole for a period of 60 days, subject to the following: ORDER (i) The Writ Petition is allowed-in-part. (ii) Mandamus issues to respondent No.2 to release the son of the petitioner (Convict – CTP No.18893) on general parole for a period of 60 days, which commences from the date of the release of the convict. (iii) The convict (CTP No.18893) - 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 jurisdictional police to take him to gaol, in the event, the convict (CTP No.18893) 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 - 4 - NC: 2025:KHC:17930 WP No. 34156 of 2024 convict 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. Sd/- (M.NAGAPRASANNA) JUDGE SJK List No.: 1 Sl No.: 17 CT: BHK