HEMANTH KUMAR @ HEMANTH v. THE GOVERNMENT OF KARNATAKA
WP/18382/2025 · 2025-08-19
B M Shyam Prasad
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 57371 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 57371 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:32192 WP No. 18382 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. 18382 OF 2025 (GM-POLICE)
BETWEEN:
HEMANTH KUMAR @ HEMANTH S/O NAGARAJAIAH, AGED ABOUT 32 YEARS R/AT SEEGEPALYA VILLAGE, KOLALA HOBLI, KORATAGERE TALUK, TUMAKURU DISTRICT - 560049.
CTP NO. 10135, CHIEF SUPERINTENDENT CENTRAL PRISON, PARAPPANA AGRAHARA, BANGALORE - 100 (IN CUSTODY)
…PETITIONER (BY SRI. M SHASHIDHARA.,ADVOCATE) AND:
1.
THE GOVERNMENT OF KARNATAKA HOME DEPARTMENT REP BY ITS SECRETARY, VIDHANA SOUDHA BENGALURU - 560001.
2.
THE DIRECTOR GENERAL OF POLICE KARNATAKA PRISONS AND CORRECTIONAL SERVICES,
Digitally signed by VANAMALA N Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:32192 WP No. 18382 of 2025
BENGALURU PIN CODE - 560100.
3.
CHIEF SUPERINTENDENT CENTRAL PRISON PARAPPANA AGRAHARA BENGALURU - 560100.
4.
THE SUB-INSPECTOR OF POLICE KOLALA POLICE STATION KORATAGERE TALUK, TUMAKURU DISTRICT - 560049.
…RESPONDENTS (BY SMT.K.P. YASHODHA., AGA)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED
ORDER NO. DCP/CTP- SEC/3028/2025 DATED 16.05.2025 PASSED BY THE R- 3 AS PER ANNX-D; CONSEQUENTLY DIRECT THE R-3 TO CONSIDER THE REQUEST OF THE PETITIONER FOR GRANT OF PAROLE FOR 30 DAYS.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE MR. JUSTICE B M SHYAM PRASAD
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HC-KAR NC: 2025:KHC:32192 WP No. 18382 of 2025
ORAL ORDER
The petitioner is convicted and sentenced for the offence punishable under Section 302 of the Indian Penal Code, 1860 [for short, the 'IPC'] in S.C.No.73/2015 on the file of the Principal Sessions Judge at Tumakuru and he is not admitted to General parole vide the impugned Endorsement dated 16.05.2025 based on the Report filed by the Superintendent of Police, Tumakuru District.
Sri M. Shashidhara, the learned counsel for the petitioner, submits that [a] the petitioner's father is more than 86 years old [b] there is a partition within the family members [c] two of the petitioner's brothers are given shares and the third share which is agreed to be allotted to the petitioner is not transferred and is retained by the petitioner's father, and (d) the petitioner will have to participate in the due documentation to protect his interest. The
learned counsel emphasizes that grant of parole
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HC-KAR NC: 2025:KHC:32192 WP No. 18382 of 2025
extension for a reasonable period, with provision for reasonable extension, will enable the petitioner to ensure that his property rights are not prejudiced.
Smt. K.P.Yashodha, the learned Additional Government Advocate, is heard and this Court is of the view that in the afore circumstances and because there are no contra conditions that would hinder grant of parole is pointed out, the petitioner must be admitted to 30 days General parole subject to conditions:
ORDER [A] The petition is allowed and the third respondent is
directed to admit the petitioner to General parole for a period of thirty [30] days from 25.08.2025 subject to the terms otherwise as contemplated under the Karnataka Prisons and Correctional Services Manual 2021 on receipt of a certified copy of this order.
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HC-KAR NC: 2025:KHC:32192 WP No. 18382 of 2025
[B] The petitioner, through his learned counsel, is granted liberty to file a certified copy of this order with the third 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