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High Court of Karnataka · body

2025 DAILYLAW 56023 (KAR)

SMT. SUGANDA v. THE DIRECTOR GENERAL OF POLICE

WP/32504/2025 · 2025-11-11

Suraj Govindaraj

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:45864 WP No. 32504 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. 32504 OF 2025 (GM-POLICE) BETWEEN: SMT. SUGANDA W/O RAJAPPA AGED ABOUT 61 YEARS R/AT GUMMANAPAALLI VILLAGE SOMAWARAPETE TALUK KUSHAL NAGAR HOBLI KODAGU DISTRICT-571234 (SENIOR CITIZEN BENEFIT NOT CLAIMED) THE PETITIONER IS THE MOTHER OF THE CONVICT PRISONER NO.8177 ARUN KUMAR @ PUSHPARAJA WHO IS SERVING LIFE SENTENCE IN CENTRAL PRISON, BENGALURU …PETITIONER (BY SRI. PRATHAP S S, ADVOCATE) AND: 1. THE DIRECTOR GENERAL OF POLICE PRISONS AND CORRECTIONAL SERVICES, NO.4, SHESHADRI ROAD, BENGALURU-560 009 2. THE CHIEF SUPERINTENDENT CENTRAL PRISON, PARAPPANA AGRAHARA BENGALURU-560 100 3. THE SUPERINTENDENT OF POLICE KODAGU DISTRICT, MADIKERI-571 201 …RESPONDENTS Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45864 WP No. 32504 of 2025 (BY SMT.K.P.YASHODHA, AGA) THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT IN THE NATURE OF MANDAMUS TO THE RESPONDENTS TO GRANT OF GENERAL PAROLE TO CONVICT PRISONER NO 8177 ARUN KUMAR @ PUSHPARAJA S/O RAJAPPA FOR A PERIOD OF 90 DAYS. 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- mother of detenu Arunkumar @ Pushparaja (CTP No.8177) is before this Court seeking for the following reliefs: a. Issue a writ order or direction in the nature of mandamus to the Respondents to grant of general parole to convict Prisoner No 8177 Arun Kumar @ Pushparaja S/o Rajappa for a period of 90 days. b. Pass such other orders/ directions considering the facts and circumstances of the case together as to costs in the interest of justice. 2. The detenu had been convicted in S.C.No.99/2007 for offences under Section 302, 324, 341, 427 r/w 34 of IPC by the 7th Additional District and Sessions Judge, Bangalore and sentenced on 21.11.2015 with the highest of the sentence being imprisonment for - 3 - HC-KAR NC: 2025:KHC:45864 WP No. 32504 of 2025 life. The detenu has served a period of 8 years 2 months 11 days of imprisonment as on 9.04.2025. Detenu had been granted 6 general parole, 3 emergency parole and 3 court parole on earlier occasions cumulatively amounting to 1 year 10 months 22 days. Another application filed by the petitioner for parole for carrying out repair of the house, photographs of which are produced at Annexure-C series, came to be rejected. As such, the petitioner is before this Court. 3. A perusal of the photographs indicates that house of the detenu requires repairs. Detenu has served sentence 8 years 2 months and 11 days. On 12 earlier occasions parole was granted and the detenu having returned to the jail without any complaint, I am of the considered opinion that the detenu be granted parole so as to integrate with the society when released. As such, I pass the following: - 4 - HC-KAR NC: 2025:KHC:45864 WP No. 32504 of 2025 ORDER i) The Writ Petition is allowed. ii) Respondent–Chief Superintendent, Central Prison, Bangalore, is directed to release the detenu- Arunkumar @ Pushparaja (CTP No.8177) 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- Arunkumar @ Pushparaja (CTP No.8177) 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:45864 WP No. 32504 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.: 41