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2025 DAILYLAW 48545 (KAR)

SRI. MANJUNATH v. THE STATE OF KARNATAKA

WP/26957/2025 · 2025-09-16

B M Shyam Prasad

Transfer Petitionbody2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:36922 WP No. 26957 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 26957 OF 2025 (GM-POLICE) BETWEEN: SRI. MANJUNATH S/O LATE RAMANNA SHETTY AGED 52 YEARS, R/AT NO. 302, S M RESIDENCY BOWEE STREET, HALASURU BENGALURU - 560008 (BROTHER OF CONVICT CURRENTLY SERVING LIFE IMPRISONMENT AT CENTRAL PRISON, BENGALURU ) (CONVICT PRISONER NO. 14749) …PETITIONER (BY SRI. VIJAYA PRASSAD.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP BY THE PRINCIPAL SECRETARY HOME DEPARTMENT Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:36922 WP No. 26957 of 2025 VIDHANA SOUDHA BENGALURU - 560001. 2. THE DIRECTOR GENERAL OF POLICE PRISONS AND CORRECTIONAL SERVICES NO.9, SHESHADRI ROAD GANDHI NAGAR BENGALURU - 560009. 3. THE CHIEF SUPERINTENDENT CENTRAL PRISON, PARAPPANA AGRAHARA ELECTRONIC CITY POST BENGALURU - 560100. …RESPONDENTS (BY SMT.K.P. YASHODHA., AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ENDORSEMENT LETTER ISSUED BY RESPONDENT NO. 03 BEARING NO BCP/CTP- SEC/17149/2024 DATED 30/DEC/2024 ANNEXURE-D AND ISSUE A WRIT ORDER OR DIRECTION IN THE NATURE OF MANDAMUS TO THE RESPONDENTS TO GRANT GENERAL PAROLE OF 90 DAYS TO THE PETITIONER ANNXURE-D. - 3 - HC-KAR NC: 2025:KHC:36922 WP No. 26957 of 2025 THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioner seeks general parole for his brother who is convicted for life for atrocities on a woman in SC No.312/2017 on the file of the XLV Additional City Civil and Sessions Judge, Bengaluru. The petitioner seeks parole for his brother on the ground that his presence would be required for repairs of the house. The third respondent vide the impugned endorsement dated 30.12.2024 has rejected such request based on the report filed by the Jurisdictional Police stating that the petitioner’s family members have not undertaken any repair. Mr. Vijaya Prasad, the learned counsel for the petitioner, and Ms.K.P.Yashodha, the learned Additional Government Advocate, who is called upon - 4 - HC-KAR NC: 2025:KHC:36922 WP No. 26957 of 2025 to accept notice for the respondents, are heard. The petitioner may not have made out a case for grant of parole on the grounds stated but then a request for grant of parole must necessarily be examined in the light of the objectives underlined by the Karnataka Prisons and Correctional Services Manual, 2021 provided an application is filed as contemplated thereunder. With liberty in this regard to the petitioner, the petition stands disposed of. Sd/- (B M SHYAM PRASAD) JUDGE SA ct:sr