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High Court of Karnataka · body

2025 DAILYLAW 68910 (KAR)

LALITHA BAI v. STATE OF KARNATAKA

WP/32957/2025 · 2025-12-01

Suraj Govindaraj

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:50015 WP No. 32957 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 32957 OF 2025 (GM-POLICE) BETWEEN: 1. LALITHA BAI W/O KALU NAIK AGED ABOUT 40 YEARS R/AT PALAVALLI THANDA NAGALAMADIKE HOBLI PAVAGADA, TUMKUR- 561202 …PETITIONER (BY SRI. SHARATH J M., ADVOCATE) AND: 1. STATE OF KARNATAKA BY PAVAGADA POLICE STATION BANGALORE-560106. 2. ADDITIONAL CHIEF SECRETARY DEPARTMENT OF HOME AND PRISON VIDHANA SOUDHA, BANGALORE – 560001. 3. DIRECTOR GENERAL OF POLICE AND INSPECTOR GENERAL OF PRISON AND CORRECTIONAL SERVICES NO -4 SESHADRI ROAD, BANGALORE -560009. 4. CHIEF SUPERINTENDENT CENTRAL PRISON, PARAPPANAAGRAHARA BANGALORE -560100 (R.1 TO 4 ARE REP. BY LEARNED GOVERNMENT ADVOCATE HIGH COURT OF KARNATAKA BANGALORE-560 001. …RESPONDENTS (BY SMT. K P YASHODHA, AGA FOR RESPONDENTS) Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:50015 WP No. 32957 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO GRANT 90 DAYS GENERAL PAROLE TO THE PRISONER GOVINDANAIKA S/O LATE VENKATESH (CTP-9179) ON SUCH TERMS AND CONDITIONS AND ECT 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 sister-in-law of the detenu – Govindanaika – CTP 9179 is before this Court seeking for the following reliefs: 1. To issue a writ of mandamus or a writ or direction of appropriate in nature directing the respondents to grant 90 days General Parole to the prisoner Govindanaika S/O Late Venkatesh (CTP -9179), on such terms and conditions, and 2. To issue a writ or order or direction of appropriate in nature granting such other relief or reliefs as this Hon'ble Court deems fit, to grant in the ends of Justice. 2. The detenu was convicted for the offence punishable under Section 302 & 201 of IPC and 309 of IPC in S.C.No.5032/2016 by the 4th Additional District and Sessions Judge, Madhugiri and under Section 309 of IPC in C.C.No.179/2016 by JMFC at Madakasira and - 3 - HC-KAR NC: 2025:KHC:50015 WP No. 32957 of 2025 on 20.1.2017 in S.C.No.5032/2016, the detenu was convicted for life imprisonment and on 2.5.2017, in C.C.No.179/2016, the detenu was convicted for one month imprisonment. As on 13.10.2025, the detenu has been incarcerated for 9 years 8 months 15 days. 3. An application having been made by the detenu for grant of parole on account of repair of his house, the same came to be rejected on the ground that no one is residing in the said house. As such, the detenu is before this Court seeking for the aforesaid reliefs. 4. The detenu having undergone incarceration for a period of 9 years, 8 months, 15 days, there being no complaint against the detenu, his conduct during the incarceration being satisfactory as also photographs have been produced to substantiate the same, I am of the considered opinion that the detenu can be released on parole to carry out the domestic - 4 - HC-KAR NC: 2025:KHC:50015 WP No. 32957 of 2025 requirements, which is also a ground for grant of parole. As such, I pass the following: ORDER i) The Writ Petition is allowed. ii) Respondent No.4 is directed to release detenu – – Govindanaika – CTP 9179 on parole for a period of 90 days commencing from 11.12.2025, subject to the following conditions. a) The prisoner (CTP 9179) 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. b) Respondent No.1 shall stipulate strict conditions as are usually stipulated to ensure return of the detenu to the gaol and - 5 - HC-KAR NC: 2025:KHC:50015 WP No. 32957 of 2025 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.: 48