Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:9312 WP No. 34524 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 34524 OF 2024 (GM-POLICE) BETWEEN:
SRI. PRASHANTH H.H, S/O HEMANTH G, AGED 27 YEARS, R/AT HOSURU, KASABA HOBLI, CHANNARAYAPATNA TALUK, HASSAN - 573 116. …PETITIONER (BY SRI. PRASANNA KUMAR S, ADVOCATE) AND:
1.
THE STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HOME, VIDHANA SOUDHA, BENGALURU - 560 001.
2.
THE DIRECTOR GENERAL OF POLICE, PRISONS AND CORRECTIONAL SERVICES, SESHADRI ROAD, BENGALURU - 560 003.
3.
THE SUPERINTENDENT, CENTRAL PRISON, MYSORE - 570 007. …RESPONDENTS (BY SRI. SHAMANTH NAIK, HCGP)
Digitally signed by NAGAVENI Location: High Court of Karnataka
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NC: 2025:KHC:9312 WP No. 34524 of 2024
THIS WP IS FILED UNDER ARTICLES 226AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-DIRECT IN THE NATURE OF MANDAMUS TO THE R-3 TO RELEASE THE PRISONER NO.
00922 HEMANTH S/O MUDDEGOWDA ON GENERAL PAROLE FOR A PERIOD OF 90 DAYS.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA
ORAL ORDER Heard Shri Prasanna Kumar S., learned counsel appearing for the petitioner and Shri Shamanth Naik, learned High Court Government Pleader appearing for the respondents.
2. The petitioner is the son of one Hemanth G., who gets convicted for the offences punishable under Section 302 and 120B read with 34 of the Indian Penal Code, 1860 ('the IPC' for short).
3. Owing to the necessity of the presence of the father of the petitioner, the petitioner initially submits an application seeking release of father on grant of parole. The added circumstance now projected before this Court is that the
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NC: 2025:KHC:9312 WP No. 34524 of 2024
present petitioner has met with an accident and therefore, the necessity of the father is imperative.
4. In the light of the said circumstance, I deem it appropriate to grant the petitioner emergency parole for a period of 15 days to become operational from 06.03.2025 to
20.03.2025.
5. For the aforesaid reasons, the following:
ORDER
(i) The Writ Petition is allowed in part.
(ii) Mandamus issues respondents No.2 and 3 to consider the representation of the petitioner and release the father of the petitioner on emergency parole for 15 days, from the forenoon of 06.03.2025, till the evening of
20.03.2025.
(iii) The respondents No.2 and 3 shall stipulate strict conditions as are usually stipulated, to ensure the return of the detenue (CTP No.00922) to the gaol and that he shall not commit any other offence during the period of emergency parole.
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NC: 2025:KHC:9312 WP No. 34524 of 2024
(iv) The father of the petitioner (CTP No.00922) shall mark his attendance in the jurisdictional police station, weekly once throughout the period of his emergency parole and it would be the responsibility of the jurisdictional police to take him to gaol, in the event, the father of the petitioner would evade going back to the gaol, after the expiry of the period of emergency parole.
(v) Registry is directed to communicate this order to respondent Nos.2 and 3, 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 father of the petitioner – convict while he is out on emergency parole.
Sd/- (M.NAGAPRASANNA) JUDGE
JY List No.: 1 Sl No.: 7 CT: BHK