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High Court of Karnataka · body

2025 DAILYLAW 54313 (KAR)

CHAND PASHA @ CHANDU v. STATE OF KARNATAKA

WP/31244/2025 · 2025-11-11

Suraj Govindaraj

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:45847 WP No. 31244 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 31244 OF 2025 (GM-POLICE) BETWEEN: CHAND PASHA @ CHANDU S/O. LATE MEHABOOB SAB, AGED ABOUT 42 YEARS, R/AT CHAKALE, BAGALURU COLONY, BANGALORE- 562 149 PERMANENT ADDRESS BYCHAPURA VILLAGE, GOWRIBIDANUR TALUK, CHIKKABALLAPURA- 561 208 (NOW IN CUSTODY CENTRAL PRISON, BENGALURU) …PETITIONER (BY SRI. KIRAN S S.,ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARIAT, DEPARTMENT OF HOME, VIDHANA SOUDHA BANGALORE- 560 001 2. THE CHIEF SUPERINTENDENT CENTRAL PRISON, PARAPPANAGHRAHARA, BANGALORE- 580 100 3. THE COMMISSIONER OF POLICE CQQ 5 RPH, MARIMAKALAHALLI, KARNATAKA 562 101 …RESPONDENTS Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45847 WP No. 31244 of 2025 (BY SMT. K.P. YASHODHA., AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI BY QUASHING THE ENDORSEMENT AS ANNEXURE-B ISSUED BY THE 2ND RESPONDENT DATED 06/08/2025, NO/BCP/CTP-SEC/8319/25 BY DIRECTING THE RESPONDENT NO.2/CENTRAL PRISON. BANGALORE, TO RELEASE THE PETITIONER ON PAROLE FOR A PERIOD OF 90 DAYS IN PRISONER CTP NO.13192 CONVICTED BY THE JUDGEMENT AND ORDER DATED 28.11.2022 PASSED BY THE HONBLE ADDITIONAL DISTRICT AND SESSION COURT, CHIKKABALLAPURA, IN S.C.NO.25/2017 FOR THE OFFENCES PUNISHABLE U/SEC.302 OF IPC, IN THE INTEREST OF JUSTICE AND EQUITY VIDE ANNEXURE-A AND ETC. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioner-son of Chand Pasha (CTP No.13192) is before this Court seeking for the following reliefs: 1. Issue a Writ of Certiorari by quashing the endorsement as ANNEXURE-B issued by the 2nd Respondent dated 06/08/2025, No./BCР/СТР-Sec/8319/2025, by directing the Respondent No.2/Central Prison, Bangalore, to release the Petitioner on parole for a period of 90 days in prisoner CTP No.13192 convicted by the judgement and order dated 28.11.2022 passed by the Hon'ble Additional District and Session Court, Chikkaballapura, in S.C.No.25/2017 for the offences punishable U/sec.302 of IPC, in the interest of justice and equity vide Annexure. A 2. Issue such other suitable orders or direction as this Hon'ble court deems fit and proper in the nature and circumstances of the case, in the interest of justice and equity. - 3 - HC-KAR NC: 2025:KHC:45847 WP No. 31244 of 2025 2. The detenu had been convicted in S.C.No.25/2017 for offences under Section 302 of IPC by 3rd Additional District and Sessions Judge, Chikkaballapura and sentenced on 28.11.2022 with the highest of the sentence being imprisonment for life. The detenu has served a period of 3 years 5 months of imprisonment as on 29.08.2025. The petitioner having made an application for parole, the same came to be rejected on account of adverse police report. 3. A perusal of the police report does not indicate as to whether the detenu is a flight risk and or could cause any harm or injury to the victim or victim causing any harm to the detenu. The police report only indicates the offence for which the detenu has been convicted. In that view of the matter, taking into consideration the conduct of the detenu has been satisfactory while incarcerated, there is no particular complaint against the detenu, I pass the following: - 4 - HC-KAR NC: 2025:KHC:45847 WP No. 31244 of 2025 ORDER i) The Writ Petition is allowed. ii) Respondent No.2–Chief Superintendent, Central Prison, Bangalore, is directed to release the detenu-Chand Pasha @ Chandu (CTP No.13292) on parole for a period of 60 days commencing from 17.11.2025 or from the date of release, whichever is earlier, subject to the following conditions: a) The prisoner- Chand Pasha @ Chandu (CTP No.13292) 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 them to gaol, in the event, the convict would evade going back to the gaol, after the expiry of the period of parole. - 5 - HC-KAR NC: 2025:KHC:45847 WP No. 31244 of 2025 b) Respondent No.1-State of Karnataka 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. iii) The Registry is directed to communicate the order to the prison authority for its immediate execution. SD/- (SURAJ GOVINDARAJ) JUDGE LN List No.: 2 Sl No.: 20