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2025 DAILYLAW 42771 (KAR)

KAMAKSHI v. STATE OF KARNATAKA

WP/34583/2024 · 2025-09-09

B M Shyam Prasad

Transfer Petitionbody2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:35463 WP No. 34583 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 34583 OF 2024 (GM-POLICE) BETWEEN: KAMAKSHI W/O SUBRAMANYA AGED ABOUT 66 YEARS KAKANAMANE VILLAGE BELEGODU HOBLI, SAKALESHPURA TALUK HASSAN DISTRICT KARNATAKA 573214. …PETITIONER (BY SRI. PRASANNA KUMAR P DAROJI., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARIAT DEPARTMENT OF HOME Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:35463 WP No. 34583 of 2024 VIDHANA SOUDHA BANGALORE 560 001. 2. THE CHIEF-SUPERINTENDENT CENTRAL PRISON MYSORE ASHOKA RAOD NEAR FOUNTAIN CIRCLE MYSORE-570 007. …RESPONDENTS (BY SMT. K P YASHODHA, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE 2ND RESPONDENT TO RELEASE THE CONVICT ON PAROLE FOR 90 DAYS TO THE PRISONER (CTP NO.19731) AND ETC., THIS PETITION, COMING ON FOR FRESH MATTERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD - 3 - HC-KAR NC: 2025:KHC:35463 WP No. 34583 of 2024 ORAL ORDER The petitioner's son is convicted for life for offences punishable under Sections 302, 201 read with Section 34 of IPC and SC No.80/2014 on the file of the III Additional District and Sessions Judge, Hassan. The petitioner's son has been in prison for over five years without the benefit of parole. Sri Prasanna Kumar P. Daroji, the learned counsel for the petitioner, argues to support the petition relying upon certain orders of this Court. However, Smt. K P Yashodha, the learned Additional Government Advocate, places on record a report forwarded by the Superintendent of Police, Hassan to the Chief Superintendent of Central Prison, Mysuru [the second respondent] stating that the petitioner's son is convicted for having committed the murder of a neighbour and that if the petitioner's son is admitted to parole, there would be a law and order situation. This Court must observe that if any decision is to be taken based on this Report such decision will have to be by the Director General of Prisons and Correctional Services on receipt of - 4 - HC-KAR NC: 2025:KHC:35463 WP No. 34583 of 2024 a Report in terms of the Karnataka Prisons and Correctional Services Manual 2021. If the petitioner's application is pending for a period of over one year without orders, this Court must enable expeditious decision given the objective of admitting a person to parole. As such, the following: ORDER a. The petition stands disposed of. b. The petitioner, through her learned counsel, is reserved liberty to file a certified copy of this order with the second respondent [by email: cpmys.prisons-kar@gov.in] calling upon the second respondent to forward all the records including the report dated 20.07.2024 to the Director General of Prisons and Correctional Services. c. The Director General of Prisons shall take a decision in the light of this Court's - 5 - HC-KAR NC: 2025:KHC:35463 WP No. 34583 of 2024 observation and communicate the same to the petitioner within four [4] weeks from the date of receipt of the report. SD/- (B M SHYAM PRASAD) JUDGE AN/-