Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 39499 (KAR)

RAVIKUMAR v. STATE OF KARNATAKA

WP/33169/2024 · 2025-09-23

B M Shyam Prasad

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:38290 WP No. 33169 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 33169 OF 2024 (GM-POLICE) BETWEEN: RAVIKUMAR S/O VENKATESHAPPA AGED ABOUT 32 YEARS BROTHER OF SHRIDHAR CTP NO.4050 AGED ABOUT 32 YEARS, R/O THRUMALAGORE MAGONDHI BANGARPET, KOLAR KARNATAKA-563114 …PETITIONER (BY SRI. NAVEED AHMED Z, ADVOCATE FOR SRI. SIRAJUDDIN AHMED., ADVOCATE) AND: 1. STATE OF KARNATAKA HOME DEPARTMENT, Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:38290 WP No. 33169 of 2024 THROUGH PRINCIPAL SECRETARY, VIDHANA SOUDHA BENGALURU-560001 2. CHIEF SUPERINTENDENT CENTRAL PRISON BELAGAVI-591108 …RESPONDENTS (BY SRI. K.P. YASHODHA, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-DIRECT THE R2 TO RELEASE THE BROTHER OF THE PETITIONER SHRIDHAR CTP 4050 ON GENERAL PAROLE FOR A PERIOD OF 90 DAYS TO RENOVATE THE HOUSE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD - 3 - HC-KAR NC: 2025:KHC:38290 WP No. 33169 of 2024 ORAL ORDER The petitioner’s brother [a convict] is sentenced to life for the offences punishable under Section 302 and other sections of the Indian Penal Code. The convict has served sentence for over six years [including the period in custody during trial], and his application for parole has resulted in a Report dated 11.11.2024. It is seen from this Report that the petitioner's father is aged 63 years, that the convict has two children who are aged eight and six years and that the convict's request for parole is because of his wife’s ill health. 2. The concerned Superintendent of Police has reported that the convict may not be admitted to parole because no medical records have been produced to justify that the convict's wife is not keeping well. Sri Naveed Ahmed Z, the learned counsel for the petitioner, Smt K P Yashodha, a learned Additional Government Advocate who is - 4 - HC-KAR NC: 2025:KHC:38290 WP No. 33169 of 2024 called upon to accept notice for the respondents, are heard for final disposal of the petition. 3. At the outset, this Court must observe that though the Report is dated 11.11.2024, it remains undisputed that no action has been taken on this Report so far and that the convict has served sentence for over six years, and he is not admitted to any parole in all these years. The petitioner has produced Medical Certificate to substantiate the case that the convict's wife is referred to M/s. Jayadeva Institute of Cardiology for further treatment. 4. These circumstances are considered, and this Court is of the view that instead of relegating the petitioner to pursue his remedy based on the outcome of the Report with the Director General of Prisons and Correctional Services, the convict must be admitted to general parole for thirty [30] days but on terms including the stipulation that if the convict seeks continuance/extension of the parole, he must - 5 - HC-KAR NC: 2025:KHC:38290 WP No. 33169 of 2024 apply in the prescribed form, which must be considered by the Director General of Prisons and Correctional Services in terms of the Karnataka Prisons and Correctional Services Manual, 2021. In the light of the afore, the following: ORDER a. The petition is allowed. b. The second respondent is directed to grant general parole of thirty [30] days to the convict subject to the terms as contemplated under the Karnataka Prisons and Correctional Services Manual 2021 on receipt of certified copy of this order. c. The convict must mark his attendance with the jurisdictional Police every alternate day and should not leave the jurisdiction of the concerned Station - 6 - HC-KAR NC: 2025:KHC:38290 WP No. 33169 of 2024 House without the express leave of the Station House Officer. d. The learned counsel for the petitioner is reserved liberty to file a certified copy of this order with the second respondent [by email: cpgbg.prisons-kar@gov.in] addressed to the Chief Superintendent, Central Prisons, Belagavi. Sd/- (B M SHYAM PRASAD) JUDGE AN/-