MANJUNATH S/O SHIVAPPA HOGI v. THE STATE OF KARNATAKA
WP/104090/2025 · 2025-07-09
Pradeep Singh Yerur
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 60753 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 60753 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR NC: 2025:KHC-D:8514 WP No. 104090 of 2025
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 9TH DAY OF JULY 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 104090 OF 2025 (GM-POLICE)
BETWEEN:
MANJUNATH S/O. SHIVAPPA HOGI, AGED ABOUT 37 YEARS, OCC: PRISON, R/O. CTP NO.4601, CENTRAL JAIL, DHARWAD-580008, AS PETITIONER IS IN CUSTODY, REPRESENTED BY HIS WIFE, SOUMYA W/O. MANJUNATH HOGI, AGE: 35 YEARS, OCC: AGRICULTURE, R/O. #26, KUNKUR, TQ: KUNDGOL, DIST: DHARWAD-581212. …PETITIONER (BY SRI. SADANAND M.K. FOR SRI. PRAVEEN HUCHARADDI, ADVOCATES)
AND:
1.
THE STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF LAW, JUSTICE AND HUMAN RIGHTS, BANGALORE-560001.
2.
THE STATE OF KARNATAKA, REPRESENTED BY ITS UNDER SECRETARY, DEPARTMENT OF HOME, PRISON AND CINEMA, BANGALORE-560001.
3.
THE DIRECTOR GENERAL POLICE AND INSPECTOR GENERAL OF PRISONS, SHESHADRI ROAD, BANGALORE-560001.
4.
SUPERINTENDENT OF POLICE, DHARWAD-580008.
5.
THE CHIEF SUPERINTENDENT OF CENTRAL PRISONS, CENTRAL JAIL, DHARWAD DISTRICT-580008.
VIJAYALAKSHMI M KANKUPPI Location: HIGH COURT OF KARNATAKA DHARWAD
BENCH
- 2 -
HC-KAR NC: 2025:KHC-D:8514 WP No. 104090 of 2025
6. THE LIFE CONVICTS RELEASE COMMITTEE, PRINCIPAL SECRETARY, DEPARTMENT OF HOME, BANGALORE BY ITS CHAIRMAN-560001. …RESPONDENTS (BY SRI. S.V. MAGADUM, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR ORDER AS TO QUASH THE REPLY AS PER ANNEXURE-B BEARING NO. 720/D.C.R.B/4/PAROLE/2019/2025, DATED 20/05/2025 ISSUED BY RESPONDENT NO.5 IN FAVOR OF THE PETITIONER AND TO CONSIDER THE REPRESENTATION MADE VIDE ANNEXURE-C BEARING NO.KEKADHA/NYAVI-2/209/2025-26 DATED 19/04/2025 AND GRANT THE PETITIONER THE PAROLE FOR 30 DAYS IN THE INTEREST OF JUSTICE AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR)
Heard learned counsel for the petitioner and learned AGA for the respondent/State. 2. Petitioner has filed the present petition for release him on parole for 30 days. The petitioner was earlier granted two times parole, one emergency parole for 14 days and second time one month general parole to help his family members in agricultural work and after that he is housed in Dharwad Central Prison. - 3 -
HC-KAR NC: 2025:KHC-D:8514 WP No. 104090 of 2025
3. Petitioner made another application for grant of general parole for 30 days. But the Jail authorities have rejected the same on the basis of report submitted by the respondent/Police. The claim of the petitioner is that since there is shortage of laborers to do the agricultural work in the land of petitioner, petitioner has to once again to take care of the land and cultivate his land. Petitioner is survived by his wife and two children. Hence he is before this Court seeking general parole for 30 days. 4. Learned AGA contends that based on the application file, a report has been given by the respondent/Police authorities negativating grant of parole for various reasons stated therein. 5. I have heard learned counsel for the petitioner and learned AGA for respondents and perused the material on records including the grant of paroles in two times. 6. The apprehension of the State is that the complainant and the victim both are residing in the same
- 4 -
HC-KAR NC: 2025:KHC-D:8514 WP No. 104090 of 2025
village.
Petitioner may create law and order situation and some threat perception to the complainant, this can be addressed by the Police authorities providing proper protection or monitoring the activities of the convict. On the earlier occasions, when the petitioner was granted parole there was no adverse remarks and untoward incidents created by the convict. Under the circumstances, the petitioner shall be permitted and granted parole subject to respondent authorities monitoring the activities of the convictee during the period of parole. Accordingly, I pass the following :
ORDER (i) Petition is allowed in part. (ii) Petitioner shall be released on parole with effect from 14.07.2025 till 13.08.2025. (iii) The petitioner shall surrender to the Jail Authorities on 13.08.2025 without fail.
- 5 -
HC-KAR NC: 2025:KHC-D:8514 WP No. 104090 of 2025
(iv) Registry to send intimation to the concerned Jail Authorities i.e., the Superintendent of Prison, Central Prison, Dharwad.
Sd/- (PRADEEP SINGH YERUR) JUDGE
CKK CT-MCK List No.: 1 Sl No.: 5