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2025 DAILYLAW 36756 (KAR)

SRI SHANKAR v. THE DIRECTOR GENERAL OF POLICE PRISONS AND CORRECTIONAL SERVICES

WP/34576/2024 · 2025-03-10

M Nagaprasanna

body2025

Judgment text

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- 1 - NC: 2025:KHC:9978 WP No. 34576 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 34576 OF 2024 (GM-POLICE) BETWEEN: SRI. SHANKAR, S/O. RAMAKRISHNAPPA, AGED 33 YEARS, R/AT CHIKKANANJA REDDY BUILDING, HEELALIGE VILLAGE, ANEKAL TALUK, BENGALURU - 560 099. (CURRENTLY SERVING LIFE IMPRISONMENT IN CENTRAL PRISON, BENGALURU. (CONVICT PRISONER NO. 7793) …PETITIONER (BY SRI. SANKESH A. BOHRA, ADVOCATE) AND: 1. THE DIRECTOR GENERAL OF POLICE PRISONS AND CORRECTIONAL SERVICES NO. 9 SHESHADRI ROAD, GANDHI NAGAR, BENGALURU-560 009. 2. THE CHIEF SUPERINTENDENT, CENTRAL PRISON, PARAPPANA AGRAHARA, ELECTRONIC CITY POST, BENGALURU-560 100. …RESPONDENTS (BY SRI. RAHUL CARIAPPA, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:9978 WP No. 34576 of 2024 DIRECT TO THE RESPONDENTS TO GRANT GENERAL PAROLE OF 90 DAYS TO THE PETITIONER. THIS PETITION, COMING ON FOR FRESH MATTERS, 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 a writ in the nature of mandamus directing the respondents to release him on grant of General Parole for a period of 90 days. 2. Heard Sri. Sankesh A. Bohra, learned counsel appearing for the petitioner and Sri. Rahul Cariappa, learned AGA appearing for the respondents. 3. The petitioner gets embroiled in a crime for the offence punishable under Section 302 of the IPC, stands convicted by an order of the concerned Court dated 08.04.2015. The petitioner has been in prison now for the last 13 years and 3 months. The petitioner has now filed an application seeking his release on General Parole for the third time in the last 13 years 3 months on the ground that his mother is fallen ill and requires his presence in the family. - 3 - NC: 2025:KHC:9978 WP No. 34576 of 2024 4. Learned Additional Government Advocate on instructions would submit that the petitioner had been released on parole twice earlier and has not suffered any adverse inference/entries during the period of parole and his conduct outside the prison or inside the prison has been good. 5. In that light, I deem it appropriate to grant General parole for a period of 60 days, which would become operational from 24.03.2025 to 22.05.2025. 6. For the aforesaid reasons, the following: ORDER (i) Writ Petition is allowed in part. (ii) Mandamus issue respondents to consider the representation of the petitioner and release him on general parole for 60 days, from the forenoon of 24.03.2025, till the evening of 22.05.2025. (iii) Respondents shall stipulate strict conditions as are usually stipulated, to ensure the return of the detenue (CTP No.7793) to the gaol and that he shall not commit any other offence during the period of general parole. - 4 - NC: 2025:KHC:9978 WP No. 34576 of 2024 (iv) The petitioner (CTP No.7793) 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. (v) Registry is directed to communicate this order to the respondents, 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 DS List No.: 1 Sl No.: 47