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2025 DAILYLAW 57077 (KAR)

DHRUVA KUMAR v. STATE OF KARNATAKA

WP/32089/2024 · 2025-05-02

M Nagaprasanna

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:17931 WP No. 32089 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF MAY, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 32089 OF 2024 (GM-POLICE) BETWEEN: DHRUVA KUMAR, BROTHER OF YAMANAPPA CTP 1586, AGED ABOUT 44 YEARS, R/O NO. AREHALLI, BANAKARAKARE POST, VTC: TAVAREKERE TALUK, DISTRICT: TUMKUR, KARNATAKA - 572 227. …PETITIONER (BY SMT. UMME SALMA, ADVOCATE FOR SMT. HALEEMA BEGUM H., ADVOCATE) AND: 1. STATE OF KARNATAKA, HOME DEPARTMENT, THROUGH PRINCIPAL SECRETARY VIDHANA SOUDHA, BENGALURU - 560 001. 2. CHIEF SUPERINTENDENT, CENTRAL PRISON, BELAGAVI - 591 108. 3. THE LIFE CONVICTS RELEASE COMMITTEE REPRESENTED BY ITS CHAIRMAN AND PRINCIPAL SECRETARY, Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:17931 WP No. 32089 of 2024 HOME DEPARTMENT, VIDHANA SOUDHA, BENGALURU - 560 001. 4. THE DIRECTOR GENERAL OF POLICE PRISONS AND CORRECTIONAL SERVICES, SHESHADRI ROAD, BENGALURU - 560 001. …RESPONDENTS (BY SRI. RAHUL CARIAPPA, AGA) THIS WP IS FILED ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS THAT PETITIONER, BROTHER YAMANAPPA CTP-1586 WHO ARE PRESENTLY LODGED IN CENTRAL PRISON BELAGAVI AS CONVICT PRISONER UNDERGOING LIFE SENTENCE FOR OVER 14 YEARS 5 MONTHS TO CONSIDER THEIR APPLICATION TO RELEASE HIM PREMATURELY OR GRANT OF GENERAL PAROLE FOR A PERIOD OF 90 DAYS WITH FURTHER EXTENSION IN ACCORDANCE WITH LAW TILL THE COMMITTEE CONSIDERS HIS APPLICATION FOR PREMATURE RELEASE ACCORDING TO THE COPY OF THIS HONBLE COURT GRANTED GENERAL PAROLE FOR A PERIOD OF 90 DAYS WITH LIBERTY TO SEEK EXTENSION OF PAROLE ACCORDANCE WITH LAW IN WAZEER AHAMED VS STATE OF KARNATAKA AND ORS (WP. NO. 25908/2024) WHICH IS PRODUCED AS ANNEXURE-A. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC:17931 WP No. 32089 of 2024 CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER The brother of the convict is before this Court, seeking the release of his brother on general parole for a period of 90 days. 2. Heard Smt. Umme Salma, learned counsel appearing for the petitioner, Sri. Rahul Cariappa, learned AGA appearing for the respondents and have perused the material on record. 3. The convict gets embroiled in a crime for an offence punishable under Section 302 of the IPC in S.C.No.131/2010 and the convict has been in prison for over 14 years 5 months. 4. Learned counsel appearing for the petitioner submits that the conduct of the convict has been good in the prison and has not availed parole even once. He is eligible to be considered by the Advisory Board for premature release. - 4 - NC: 2025:KHC:17931 WP No. 32089 of 2024 5. Learned AGA though would refute the submission contending that there is a case of Body Warrant pending against the convict, but such details are not available now. 6. In the light of the fact that the convict has been in present for the last 14 years 5 months and not availed parole even once, I deem it appropriate to grant the convict general parole for a period of 60 days, subject to the following: ORDER (i) The Writ Petition is allowed-in-part. (ii) Mandamus issues to respondent Nos.2 to 4 to release the brother of the petitioner (Convict – CTP No.1586) on general parole for a period of 60 days, which commences from the date of the release of the convict. (iii) The convict (CTP No.1586) - 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 him to gaol, in the event, the convict (CTP No.1586) would evade going back to the gaol, after the expiry of the period of general parole. (iv) Respondent Nos.2 to 4 shall stipulate strict conditions as are usually stipulated, to ensure - 5 - NC: 2025:KHC:17931 WP No. 32089 of 2024 return of the convict to the gaol and that he shall not commit any other offence during the period of parole. (v) Registry is directed to communicate this order to respondent Nos.2 to 4, by way of electronic mail, forthwith. Sd/- (M.NAGAPRASANNA) JUDGE SJK List No.: 1 Sl No.: 14 CT: BHK