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High Court of Karnataka · body

2025 DAILYLAW 56616 (KAR)

SRI PUTTASWAMY B K v. THE SUPERINTENDENT

WP/31894/2025 · 2025-11-11

Suraj Govindaraj

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:45858 WP No. 31894 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. 31894 OF 2025 (GM-POLICE) BETWEEN: SRI PUTTASWAMY B K S/O KUMARI GOWDA, AGED ABOUT 79 YEARS, R/OF BEMBALURU VILLAGE, KODLIPETE POST, SOMAWARPETE TALUK, KODAGU DISTRICT-571235 (SENIOR CITIZEN BENEFIT NOT CLAIMED) THE PETITIONER IS THE FATHER OF THE CONVICT PRISONER NO. 1068 HARIPRASAD @ PREETHAM WHO IS SERVING LIFE SENTENCE IN SHIVAMOGGA CENTRAL PRISON …PETITIONER (BY SRI. PRADEEP PATIL, ADVOCATE) AND: 1. THE SUPERINTENDENT OPEN AIR PERSON, DEVANAHALLI, BENGALURU RURAL-562110 2. THE DIRECTOR GENERAL OF POLICE PRISONS AND CORRECTIONAL SERVICES, NO.4, SHESHADRI ROAD, BENGALURU-560009 3. THE SUPERINTENDENT OF POLICE KODAGU DISTRICT, MADIKERI-571201 …RESPONDENTS (BY SMT.K.P.YASHODHA, AGA) Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45858 WP No. 31894 of 2025 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO (A) ISSUE A WRIT ORDER OR DIRECTION IN THE NATURE OF MANDAMUS TO THE RESPONDENTS TO GRANT OF GENERAL PAROLE TO CONVICT PRISONER NO 1068 HARIPRASAD @ PREETHAM S/O PUTTASWAMY 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- father of detenu Hariprasad @ Preetham (CTP No.1068) 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 1068 Hariprasad @ Preetham S/o Puttaswamy 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, Bengaluru Rural District and sentenced on - 3 - HC-KAR NC: 2025:KHC:45858 WP No. 31894 of 2025 20.11.2015 with the highest of the sentence being imprisonment for life. The detenu has served a period of 10 years 1 month 19 days of imprisonment as on 18.10.2025. The detenu has been released on parole cumulatively on multiple occasions for a period of 1 year 3 months 5 days. The petitioner having filed one more application for parole, the same came to be rejected on account of adverse police report. 3. The detenu having undergone incarceration for a period of 10 years 1 month 19 days and having cumulatively released on parole on multiple occasions for a period of 1 year 3 months 5 days, I am of the considered opinion that the petitioner cannot be deprived of parole as contained in the police report. As such, I pass the following: - 4 - HC-KAR NC: 2025:KHC:45858 WP No. 31894 of 2025 ORDER i) The Writ Petition is allowed. ii) Respondent–Chief Superintendent, Central Prison, Bangalore, is directed to release the detenu- Hariprasad @ Preetham (CTP No.1068) 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- Hariprasad @ Preetham (CTP No.1068) 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. b) Respondent No.1- State of Karnataka shall stipulate strict conditions as are usually stipulated to ensure return of the detenu to - 5 - HC-KAR NC: 2025:KHC:45858 WP No. 31894 of 2025 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.: 34