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High Court of Karnataka · body

2025 DAILYLAW 57111 (KAR)

B. R. TIRUMALAI v. THE STATE OF KARNATAKA

WP/23713/2025 · 2025-08-19

B M Shyam Prasad

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:32195 WP No. 23713 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 23713 OF 2025 (GM-POLICE) BETWEEN: B. R. TIRUMALAI CTP NO. 14948, S/O. LATE RAMACHANDRA, AGED ABOUT 64 YEARS, R/AT FLAT NO. 367, B4 BLOCK, KENDRIYA VIHAR APPTS, B. H. ROAD, YELAHANKA, BENGALURU-560 064. …PETITIONER (BY SRI. VIVEK N.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS ADDITIONAL CHIEF SECRETARY, DEPARTMENT OF HOME AND PRISON, VIDHANA SOUDHA, BENGALURU-560 001. 2. THE CHIEF SUPERINTENDENT CENTRAL PRISON, PARAPPANA AGRAHARA, BENGALURU-580 100. Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:32195 WP No. 23713 of 2025 3. THE DIRECTOR GENERAL OF POLICE AND INSPECTOR GENERAL OF PRISON AND CORRECTIONAL SERVICES, NO.4, SESHADRI ROAD, BENGALURU-560 009. 4. INSPECTOR OF POLICE BASAVANAGUDI POLICE STATION, BANGALORE-577 301. …RESPONDENTS (BY SMT.K.P. YASHODHA., AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO- DIRECTING THE RESPONDENT TAKING IN TO CONSIDERATION OF THE PETITIONERS REQUEST AND TO EXTEND HIS PAROLE PERIOD FOR 45 DAYS GRANTED BY THIS HONORABLE COURT IN WP NO. 14529/2025 VIDE ANNEXURE -F AND IN WP NO. 20644/2025 VIDE ANNEXURE -K; DIRECTING THE RESPONDENTS TO EXTEND THE PAROLE PERIOD WITHOUT INSISTING THE PRESENCE OF THE PETITIONER BEFORE THE CENTRAL JAIL, BANGALORE AS HE HAS UNDERGONE AMPUTATION OF TOES AND A PART OF HIS LEG, AND HE IS NOT IN A CONDITION TO WALK AND FURTHER THE DOCTOR HAS ADVISED STRICTLY BED REST. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD - 3 - HC-KAR NC: 2025:KHC:32195 WP No. 23713 of 2025 ORAL ORDER The petitioner is convicted for the offences punishable under the Negotiable Instruments Act, 1881 and he is sentenced to undergo imprisonment for a period of one year and pay fine of Rs.2,50,00,000/- in the proceedings in Crl.A.No.1680/2019 [C.C.No.18318/2016]. The petitioner is admitted to emergency parole on medical grounds and the parole is extended for a period up to 16.07.2025 by this Court. The extension is granted in the writ petition in W.P.No. 14529/2025. The petitioner, with this extension, has undergone surgery for amputation of the second and third toe of the right foot and is presently in the Prison Hospital. 2. Sri Vivek N, the learned counsel for the petitioner in support the petitioner's case for grant of emergency parole with extended period, places on record a Report from the Chief Medical Officer, - 4 - HC-KAR NC: 2025:KHC:32195 WP No. 23713 of 2025 Central Prison, Bengaluru. The Medical Officer's impression and opinion are as under: "IMPRESSION: Currently, he is admitted in Prison Hospital, Bengaluru and is suffering from Ischemic Heart Disease, Type-II Diabetes Mellitus, Dimness of Vision, Non Healing Chronic Ulcer and he is on regular medications. He requires continuous treatment and regular dressing." 3. Smt. K.P. Yashoda, the learned Additional Government Advocate, is heard in the light of the afore, and the learned Additional Government Advocate submits that the petitioner has been on emergency parole for three [3] months having served only two [2] months of sentence, and the learned counsel also submits that if this Court is granting emergency parole, it cannot be for a period of more than 15 days. 4. The petitioner's circumstances are considered in view of the indisputable fact that the - 5 - HC-KAR NC: 2025:KHC:32195 WP No. 23713 of 2025 petitioner is admitted to parole and to extension of parole for a period of 60 days between 16.05.2025 and 16.07.2025 as also the opinion of the Chief Medical Officer. This Court is of the view that in the peculiar circumstance shown, the petitioner has made out a case for emergency parole beyond the period [for 30 days] stipulated in the Karnataka Prisons and Correctional Services Manual 2021. If the petitioner, who has a medical condition as aforesaid, is allowed only 15 days, would only constrain him to approach the Authorities and this Court. As such, in the peculiarities of the case, the following: ORDER [A] The petition is allowed and the second respondent is directed to admit the petitioner to Emergency parole for a period of thirty [30] days from 22.08.2025 subject otherwise to the terms as contemplated under the Karnataka Prisons and - 6 - HC-KAR NC: 2025:KHC:32195 WP No. 23713 of 2025 Correctional Services Manual 2021 on receipt of a certified copy of this order. [B] The petitioner, through his learned counsel, is granted liberty to file a certified copy of this order with the second respondent [by email: cpblr.prisons- kar@gov.in] addressed to the Chief Superintendent, Central Prison, Bengaluru - 580 100. SD/- (B M SHYAM PRASAD) JUDGE NV