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High Court of Karnataka · body

2025 DAILYLAW 39143 (KAR)

SMT PREMA S v. THE STATE OF KARNATAKA

WP/33018/2025 · 2025-12-01

Suraj Govindaraj

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:50017 WP No. 33018 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 33018 OF 2025 (GM-POLICE) BETWEEN: 1. SMT PREMA S W/O CHIDAMBARA AGED 30 YEARS R/O 151 8TH CROSS CHANDRA NAGAR, NEAR PIPELINE KUMARASWAMY LAYOUT BANGALORE-560 100 …PETITIONER (BY SRI. UMME SALMA., ADVOCATE) AND: 1. THE STATE OF KARNATAKA HOME DEPARTMENT THROUGH THE PRINCIPAL SECRETARY VIDHANA SOUDHA BENGALURU-560001. 2. THE CHIEF SUPERINTENDENT CENTRAL PRISON BENGALURU-560 100 …RESPONDENTS (BY SMT. K P YASHODA, AGA FOR RESPONDENTS) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-2 TO RELEASE THE PETITIONERS HUSBAND, CONVICTED NAMELY CHIDAMBARAM ALIAS JEEVA S/O LATE SUBRAMANI (CTP 11476) ON GENERAL PAROLE FOR THE PERIOD OF 90 DAYS IN THE INTEREST OF JUSTICE AND ETC THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:50017 WP No. 33018 of 2025 ORAL ORDER 1. Wife of the detenu – Chidambaram @ Jeeva – CTP 11476 is before this Court seeking for the following reliefs: a) direct the Respondent No.2 to release the Petitioner's husband convicted, namely Chidambaram @ Jeeva S/o Late Subramani (СТР-11476), on General parole for the period of 90 days in the interest of justice. b) pass any other order(s) which this court may deem fit and proper under the facts and circumstances of the case, in the interest of justice. 2. The detenu had been convicted for the offences punishable under Section 143, 147, 302 of IPC in S.C.No.1269/2013 by the LI ACC & Sessions Judge, Bengaluru and on 21.08.2019, the detenu was sentenced for life imprisonment. The detenu as on 13.09.2025, has been incarcerated for 6 years 11 months and 9 days. The detenu had been granted court parole on three earlier occasions, as regards which there has been no complaint against the detenu. - 3 - HC-KAR NC: 2025:KHC:50017 WP No. 33018 of 2025 3. The detenu has made an application for grant of parole for repair of his house. The same came to be rejected on account of adverse police report. 4. Learned AGA submits that adverse police report indicates that the house did not require repairs. 5. A perusal of the photographs produced at Annexure-D indicates that the house requires repairs and the same being a ground for grant of parole, I am of the considered opinion that the said request for parole cannot be rejected in a cursory manner. In that view of the matter, taking into consideration that the detenu had been granted court parole on three earlier occasions when the detenu has surrendered to the concerned authorities and there being no complaint in relation thereto, I pass the following: ORDER i) The Writ Petition is allowed. - 4 - HC-KAR NC: 2025:KHC:50017 WP No. 33018 of 2025 ii) Respondent No.2 is directed to release detenu – – Chidambaram @ Jeeva – CTP 11476 on parole for a period of 90 days commencing from 11.12.2025, subject to the following conditions. a) The prisoner (CTP 11476) 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 would evade going back to the gaol, after the expiry of the period of parole. b) Respondent No.1 shall stipulate strict conditions as are usually stipulated to ensure return of the detenu to the gaol and that he shall not commit any other offence during the period of parole. - 5 - HC-KAR NC: 2025:KHC:50017 WP No. 33018 of 2025 iii) The Registry is directed to communicate the order to the Prison Authority for its immediate execution. SD/- (SURAJ GOVINDARAJ) JUDGE PRS List No.: 2 Sl No.: 49