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2025 DAILYLAW 57028 (KAR)

SRI. AHAMMAD KABEER, v. THE STATE OF KARNATAKA,

WP/14611/2025 · 2025-09-09

B M Shyam Prasad

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:35465 WP No. 14611 of 2025 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. 14611 OF 2025 (GM-POLICE) BETWEEN: SRI. AHAMMAD KABEER, AGED ABOUT 40 YEARS, RESIDING AT C. H. HOUSE, KOTTAPALLI, CHERAVATHUR, HOSADURGA TALUK, KASAARGODU DISTRICT, KERALA STATE - 671 313. …PETITIONER (BY SRI.D.S. JAYARAJ.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY BHAGAMANDALA POLICE STATION, REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, DR. AMBEDKAR VEEDHI, BENGALURU - 560 001. Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:35465 WP No. 14611 of 2025 2. THE DIRECTOR GENERAL AND INSPECTOR GENERAL OF PRISONS, NO. 4, SESHADRI ROAD, BENGALURU - 560 009. 3. THE SUPERINTENDENT, CENTRAL PRISON, PARAPPANA AGRAHARA, ELECTRONIC CITY, BENGALURU - 560 100. …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 RESPONDENT - POLICE TO RELEASE THE PETITIONER FOR A PERIOD OF 45 DAYS FROM THE DATE OF RELEASE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD - 3 - HC-KAR NC: 2025:KHC:35465 WP No. 14611 of 2025 ORAL ORDER The petitioner is sentenced to undergo rigorous imprisonment for ten years for the offences punishable under the Narcotic Drugs and Psychotropic Substances Act, 1985, and he seeks parole on the ground that his mother suffers from old age ailments and requires frequent checkups. If Sri D S Jayaraj, the learned counsel for the petitioner, argues for general parole relying upon these circumstances, Smt K P Yashodha, a learned Additional Government Advocate, submits that the petitioner has approached this Court without actually making an application as was required under the Karnataka Prisons and Correctional Services Manual 2021 [for short, 'the Manual']. When queried, Smt K P Yashodha submits that if an application is indeed forwarded by the learned counsel on behalf of the petitioner to the third respondent via email enclosing a certified copy of this - 4 - HC-KAR NC: 2025:KHC:35465 WP No. 14611 of 2025 order, such application would be considered in terms of the procedure that is mandated under the Manual. In the light of the afore, the following: ORDER [a] The petition stands disposed of reserving liberty to the petitioner to apply for parole with the third respondent. [b] The learned counsel for the petitioner is at liberty to make such a request over email [cpblr.prisons-kar@gov.in] addressed to the third respondent along with a certified copy of this order [c] If the application is made in terms of this liberty, the third respondent shall forward a Report to the second respondent [the Director General of Prisons and Correctional Services] within fifteen [15] days of the receipt of the application. [d] The Director General of Prisons and Correctional Services is called upon to - 5 - HC-KAR NC: 2025:KHC:35465 WP No. 14611 of 2025 decide on the application expeditiously but not later than four [4] weeks from the date of receipt of a Report from the third respondent. Sd/- (B M SHYAM PRASAD) JUDGE AN/-