SHIVALINGE GOWDA @ SHIVANNA v. THE STATE OF KARNATAKA
WP/20302/2025 · 2025-08-29
B M Shyam Prasad
body2025
DailyLaw.ai
[ 2025 DAILYLAW 69782 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 69782 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:34117 WP No. 20302 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 20302 OF 2025 (GM-POLICE) BETWEEN:
SHIVALINGE GOWDA @ SHIVANNA S/O. DYAVALINGAIAH AGED 51 YEARS, R/AT C/O. VENKATESHAPPA HOUSE, NEAR HMR SCHOOL, JNANAJYOTHINAGAR, BENGALURU …PETITIONER (BY SRI. KIRAN KUMAR H K.,ADVOCATE) AND:
1.
THE STATE OF KARNATAKA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU,
Digitally signed by VANAMALA N Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:34117 WP No. 20302 of 2025
2.
THE DIRECTOR GENERAL OF PRISONS SHESHADRI ROAD, GANDHINAGARA KARNATAKA STATE BENGALURU-560009
3.
THE CHIEF SUPERINTENDENT OF PRISON PARAPPANA AGRAHARA ELECTRONIC CITY BENGALURU …RESPONDENTS (BY SRI. K. P. YASHODHA, AGA)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO GRAND PAROLE TO THE CONVICTED PERSON.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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HC-KAR NC: 2025:KHC:34117 WP No. 20302 of 2025
CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD
ORAL ORDER
The petitioner is incarcerated for the offence punishable under Section 302 of IPC, and the petitioner's application for parole is rejected by the third respondent [The Chief Superintendent] vide the Endorsement dated 26.06.2025 [Annexure - C]. This Court has opined that the conferment of jurisdiction in the third respondent was only because of Covid-19 situation and otherwise the decision must be by the Director General of Prisons and Correctional Services1. This Court is of the opinion that in the facts and circumstances, notwithstanding the Endorsement dated 26.06.2025, the Director General of Prisons and Correctional Services must consider
1 This Court's order in this regard is in W.P.No.11541/2025 which is disposed of on 19.08.2025.
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HC-KAR NC: 2025:KHC:34117 WP No. 20302 of 2025
the application for general parole not just in the light of the report but also the purpose for which the parole is extended. Therefore, the following
ORDER [A] The petition stands disposed of with liberty to the petitioner to forward a certified copy of this order, through his counsel, to the third respondent through E-mail [cpblr.prisons- kar@gov.in], and the third respondent is directed to forward the entire file to the Director General of Police, Prisons and Correctional Services within a week from the date of receipt of a copy of this
order. [B] The Director General of Police, Prisons and Correctional Services is called upon to consider all the circumstances in the light of this Court's observation and communicate the decision to the
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HC-KAR NC: 2025:KHC:34117 WP No. 20302 of 2025
petitioner within fifteen days from the date of receipt of the records.
SD/- (B M SHYAM PRASAD) JUDGE
RB