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2025 DAILYLAW 59017 (KAR)

KALLAPPA OLEKAR S/O BASAVANNEPPA v. THE STATE OF KARNATAKA

WP/103397/2025 · 2025-08-18

Suraj Govindaraj

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC-D:10389 WP No. 103397 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 18TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 103397 OF 2025 (GM-POLICE) BETWEEN: KALLAPPA OLEKAR S/O. BASAVANNEPPA, FATHER OF CONVICT KUMARA VAJRAKUMARA, (CTP NO.5043), AGED ABOUT 66 YEARS, R/O. KALAGHATAGI ROAD, VTC AND P.O. HIREHONNIHALLI, SUB DISTRICT: KALAGHATAGI, DISTRICT: DHARWAD, KARNATAKA-580114. …PETITIONER (BY SRI. UMME SALMA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA HOME DEPARTMENT, THROUGH PRINCIPAL SECRETARY, VIDHANA SOUDHA, BENGALURU-560001. 2. THE CHIEF SUPERINTENDENT CENTRAL PRISON, DHARWAD-580008. …RESPONDENTS (BY SRI. SHARAD V. MAGADUM, AGA) THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING TO (A) DIRECT THE Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:10389 WP No. 103397 of 2025 RESPONDENT NO.2 TO RELEASE THE PETITIONER S SON CONVICT NAMELY KUMARA VIJRAKUMAR S/O KALLAPPA OLEKAR (CTP NO.5043) ON GENERAL PAROLE FOR A PERIOD OF 90 DAYS 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. THIS PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking for the following reliefs: (a) Direct the Respondent No.2 to release the Petitioner’s son convict namely Kumara Vijrakumar S/O Kallappa Olekar (CTP No.5043) on general parole for a period of 90 days 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 son of the petitioner had been convicted for offences under Sections 302, 143, 147, 148, 341 of the IPC with imprisonment for life. The father of the petitioner has filed the above petition seeking for general parole for his son, the convict, on the ground - 3 - HC-KAR NC: 2025:KHC-D:10389 WP No. 103397 of 2025 that certain land has been identified, he is unable to carry on agriculture activities and he requires the convict's presence for doing so. 3. A perusal of the imprisonment certificate indicates that the petitioner having been sentenced for life imprisonment, he has spent only 2 years, 2 months and 14 days in prison. In that view of the matter, I am of the considered opinion that at this stage it would not be a case for grant of parole. Liberty is reserved to the petitioner to move an application after the petitioner having served some time and his conduct during that time being ascertained so as to also ascertain if he is a flight risk. 4. Reserving liberty to the petitioner to file an application after one more year, petition stands disposed. SD/- (SURAJ GOVINDARAJ) JUDGE SH CT:PA LIST NO.: 1 SL NO.: 76