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High Court of Karnataka · body

2025 DAILYLAW 57443 (KAR)

MR SATISH v. STATE OF KARNATAKA

WP/32878/2025 · 2025-11-11

Suraj Govindaraj

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:45907 WP No. 32878 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. 32878 OF 2025 (GM-POLICE) BETWEEN: MR. SATISH, S/O CHANNAPPA, AGED ABOUT 35 YEARS, MANCHALLIHUNDI, NANJANGUDU TALUK, MYSORE DISTRICT-571 301. (NOW IN CUSTODY - CENTRAL PRISON, BENGALURU) …PETITIONER (BY SRI KIRAN S S, ADVOCATE) AND: 1. STATE OF KARNATAKA, REP. BY ITS SECRETARIAT, DEPARTMENT OF HOME, VIDHANA SOUDHA, BANGALORE-560 001. 2. THE CHIEF SUPERINTENDENT, CENTRAL PRISON, PARAPPANAGHRAHARA, BANGALORE-580 100. 3. THE COMMISSIONER OF POLICE, POLICE BHAVAN, BM ROAD, RAMANAGARA-562 159 …RESPONDENTS (BY SMT. K P YASHODHA, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT AS ANNEXURE-B ISSUED BY THE 2ND RESPONDENT ENDORSEMENT NO. BCP/CTP-SEC/6452/2025 DATED 08.07.2025 BY DIRECTING THE RESPONDENT NO.2/CENTRAL PRISON, BANGALORE, TO RELEASE THE PETITIONER ON PAROLE FOR A PERIOD OF 90 DAYS IN Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45907 WP No. 32878 of 2025 PRISONER CTP NO.11394 CONVICTED BY THE JUDGEMENT AND ORDER DATED 19.07.2019 PASSED BY THE HON'BLE ADDITIONAL DISTRICT AND SESSIONS JUDGE RAMANAGARA SITTING AT KANAKPURA IN S.C.NO.5047/2014 FOR THE OFFENCES PUNISHABLE U/SEC.363, 302, 201 R/W 34 OF IPC AS PER THE ANNEXURE - A AND, IN THE INTEREST OF JUSTICE AND EQUITY. THIS 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 Mother of the detenu-Satish-CTP No.11394, is before this Court seeking for the following reliefs; a. "Issue a Writ of Certiorari by quashing the endorsement as ANNEXURE-B issued by the 2nd respondent endorsement no. BCP/CTP- SEC/6452/2025 dated 08.07.2025 by directing the respondent no.2/central prison, bangalore, to release the petitioner on parole for a period of 90 days in prisoner CTP No.11394 convicted by the judgement and order dated 19.07.2019 passed by the Hon'ble Additional District and Sessions Judge Ramanagara Sitting at Kanakpura in S.C.No.5047/2014 for the offences punishable U/sec.363, 302, 201 r/w 34 of IPC as per the Annexure-A and, in the interest of justice and equity. b. Issue such other suitable orders or direction as this Hon'ble court deems fit and proper in the nature and circumstances of the case, in the interest of justice and equity." 2. The detenu had been convicted in S.C.No.5047/2014 for offences punishable under Sections 363, 302 and - 3 - HC-KAR NC: 2025:KHC:45907 WP No. 32878 of 2025 201 r/w 34 of IPC by the II Additional District and Sessions Judge, Ramanagara and sentenced on 29.07.2019 with the highest of the sentence being imprisonment for life. The detenu has served a period of 5 years 9 months 2 days of imprisonment as on 09.05.2025. The detenu had earlier been granted general parole on two occasions and emergency parole on two occasions, cumulatively amounting to 5 months 12 days, during which there is no particular complaint which has been made against the Petitioner. The Petitioner having made an application for grant of parole on account of agricultural purpose. The said application was not considered and the same came to be rejected on account of adverse report having received by the police. 3. A perusal of the adverse police report indicates that it deals with the conviction of the detenu and does not cover any issue as regards the petitioner is a flight risk and/or could cause any harm or injury to the - 4 - HC-KAR NC: 2025:KHC:45907 WP No. 32878 of 2025 victim is or victim is causing any harm to the detenu. In that view of the matter, taking into consideration the conduct of the detenu has been satisfactory while incarcerated, there is no particular complaint against the detenu, I pass the following: ORDER i) The Writ Petition is allowed. ii) Respondent–Chief Superintendent, Central Prison, Bangalore, is directed to release the detenu-Satish-CTP No.11394 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- detenu-Satish-CTP No.11394 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 - 5 - HC-KAR NC: 2025:KHC:45907 WP No. 32878 of 2025 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 shall stipulate strict conditions as are usually stipulated to ensure return of the detenu to 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 KTY List No.: 2 Sl No.: 45