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2025 DAILYLAW 57978 (KAR)

ASMA BEGUM v. STATE OF KARNATAKA

WP/32650/2025 · 2025-11-11

Suraj Govindaraj

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:45809 WP No. 32650 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. 32650 OF 2025 (GM-POLICE) BETWEEN: ASMA BEGUM AGED ABOUT 42 YEARS, WIFE OF MUJJU@MUJEEB@CHEAP CTP-12726 NO. 58 JALAKANTESHWARA PURA BANGALORE, SOUTH WILSON GARDEN BANGALORE KARNATAKA -560027 …PETITIONER (BY SRI. SIRAJUDDIN AHMED, ADVOCATE) AND: 1. STATE OF KARNATAKA HOME DEPARTMENT, THROUGH PRINCIPAL SECRETARY VIDHANA SOUDHA, BENGALURU-560001. 2. CHIEF SUPERINTENDENT CENTRAL PRISON BANGLORE-560100. …RESPONDENTS (BY SMT. K.P. YASHODHA, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NO.2 TO RELEASE THE PETITIONER HUSBAND CONVICT MUJJU AT MUJEEB AT CHEAP CTP-12726 ON GENERAL PAROLE FOR A PERIOD OF 90 DAYS IN ORDER TO LOOK AFTER HIS AILING WIFE WHO IS SUFFERING FROM VARIOUS MEDICAL ELEMENTS. IN THE INTEREST OF JUSTICE AND ETC. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45809 WP No. 32650 of 2025 THIS WRIT 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 petitioner who is the wife of Mujju @ Mujeeb @ Cheap, CTP 12726, is before this Court seeking for the following reliefs: a. Direct the R2 to release the petitioner Husband convict Mujju @Mujeeb @ Cheap CTP-12726 on general parole for a period of 90 days in order to look after his ailing wife who is suffering from various medical elements in the interest of justice. b. Pass any other order(s) which this Court may deem fit and proper under the facts and circumstances of the case, in the interest of justice. 2. The detenu had been convicted for offences under Section 147, 148, 341, 427, 307 and 302 read with 149 of IPC in S.C.No.511/2006 by the 52nd Additional City Civil and Sessions Judge, Bangalore and sentenced the highest of the sentence being that for life imprisonment. The detenu as on 25.9.2025 has been incarcerated for a period of five years and one - 3 - HC-KAR NC: 2025:KHC:45809 WP No. 32650 of 2025 day. The petitioner has made an application for grant of Parole on account of her illness. The medical certificate in relation there to has also been produced. The said request having been rejected, the petitioner is before this Court seeking for the aforesaid reliefs. 3. Learned counsel for the petitioner submits that once earlier the detenu had been released on parole vide order dated 16.10.2024 in W.P.No.24157/2024 and after completing the parole period has surrendered to the jail authorities. As such, he submits that the detenu would comply with any conditions that may be imposed. 4. A perusal of the incarceration certificate indicates that there is no complaint or allegation against the detenu, and his conduct has been good. Taking into consideration that once earlier detenu had been granted parole and he has reported back to the jail authorities, I pass the following: - 4 - HC-KAR NC: 2025:KHC:45809 WP No. 32650 of 2025 ORDER i) The Writ Petition is allowed. ii) Respondent No.2 – Chief Superintendent, Central Prison, Bangalore, is directed to release Mujju @ Mujeeb @ Cheap, CTP No.12726 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 convict 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 would evade going back to the gaol, after the expiry of the period of parole. - 5 - HC-KAR NC: 2025:KHC:45809 WP No. 32650 of 2025 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 PRS List No.: 2 Sl No.: 2