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2025 DAILYLAW 36764 (KAR)

KAVITHA v. STATE OF KARNATAKA

WP/34608/2024 · 2025-04-04

M Nagaprasanna

Transfer Petitionbody2025

Judgment text

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- 1 - NC: 2025:KHC:14571 WP No. 34608 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 34608 OF 2024 (GM-POLICE) BETWEEN: 1. KAVITHA W/O CHANDRASHEKAR @ CHANDRU CTP-7701 AGED ABOUT 44 YEARS, R/O NO: 6TH MAIN, 4TH CROSS, KAMALANAGAR, BASAVESHWARANAGAR, BANGALORE, KARNATAKA-560079 …PETITIONER (BY SMT. UMME SALMA, ADVOCATE) AND: 1. STATE OF KARNATAKA HOME DEPARTMENT, THROUGH PRINCIPAL SECRETARY VIDHANA SOUDHA, BENGALURU - 560001. 2. CHIEF SUPERINTENDENT CENTRAL PRISON BANGALORE - 560100. …RESPONDENTS (BY SRI. RAHUL CARIAPPA, AGA) Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:14571 WP No. 34608 of 2024 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R2 TO RELEASE THE PETITIONERS HUSBAND CHANDRASHEKAR AT CHANDRU CTP 7701 ON GENERAL PAROLE FOR A PERIOD OF 90 DAYS TO ENABLE HIM TO SUPERVISE AND COMPLETE THE RENOVATION OF THE CURRENT RESIDENCE WHICH IS PRESENTLY IN A DILAPIDATED CONDITION. THIS PETITION, COMING ON FOR PRELIMINARY HEARING 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER The wife of the convict is the doors of this Court seeking grant of general parole to her husband, who is now serving life sentence and has completed 9 years and 3 months for an offence punishable under Section 302 of the IPC. 2. Heard Smt. Umme Salma, learned counsel appearing for the petitioner, Sri. Rahul Cariappa, learned AGA appearing for the respondents and have perused the material on record. 3. Learned counsel appearing for the petitioner submits that the parole is sought on the score that the current residence is in a dilapidated condition and the husband of the - 3 - NC: 2025:KHC:14571 WP No. 34608 of 2024 petitioner's presence for the repair of the house is necessary since that is the only shelter available to the present petitioner. 4. Learned AGA on verification of the records submits that the husband of the petitioner does not suffer any adverse entries in the jail records or nothing is found in the imprisonment certificate. 5. In that light, I deem it appropriate to grant general parole to the husband of the petitioner for a period of 60 days, which would become operational from 07.04.2025 to 05.06.2025. 6. 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 her husband on general parole for 60 days, from the forenoon of 07.04.2025, till the evening of 05.06.2025. (iii) Respondent No.2 shall stipulate strict conditions as are usually stipulated, to ensure - 4 - NC: 2025:KHC:14571 WP No. 34608 of 2024 the return of the detenue (CTP No.7701) to the gaol and that the convict shall not commit any other offence during the period of general parole. (iv) The convict (CTP No.7701) 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 convict 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 respondent No.2, by way of electronic mail, forthwith. (vi) The convict is at liberty to seek extension of parole, which shall be considered looking at the conduct of the convict while he is out on general parole. Sd/- (M.NAGAPRASANNA) JUDGE SJK List No.: 1 Sl No.: 25