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2025 DAILYLAW 70331 (KAR)

SRI PUTTEGOWDA v. STATE OF KARNATAKA

WP/14895/2025 · 2025-08-13

B M Shyam Prasad

Transfer Petitionbody2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:31346 WP No. 14895 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 14895 OF 2025 (GM-POLICE) BETWEEN: SRI PUTTEGOWDA S/O LATE BOREGOWDA, AGED ABOUT 65 YEARS, R/AT KOTE HUNDI VILLAGE, JAYAPURA HOBLI, MYSORE TALUK, MYSURU DISTRICT - 570008. …PETITIONER (BY SRI. KUMARASWAMY M.,ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY HOME DEPARTMENT VIDHANA SOUDHA BENGALURU - 560001. 2. THE CHIEF SUPERINTENDENT CENTRLA PRISON MYSURU - 570007. …RESPONDENTS (BY SMT.K.P. YASHODHA., AGA) Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:31346 WP No. 14895 of 2025 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-2 THAT THE PETITIONER SON VIZ MR YOGESH P CTP NO. WHO IS PRESENTLY LODGED IN CENTRAL PRISON AS MYSORE AS CONVICT PRISONER UNDER GOING LIFE SENTENCE IN SC NO. 154/2020 ORDERED BY THE HONBLE V ADDL DIST AND SESSION JUDGE AT MYSORE MAY BE ENLARGED/RELEASED ON GENERAL PAROLE FOR A PERIOD OF 90 DAYS IN ACCORDANCE WITH LAW AS TO MET HIS AILING FATHER AS WELL AS TO TAKE CARE AND TO BARE THE EXPENSES FOR MEDICAL TREATMENT AND ETC. THIS PETITION, COMING ON FOR FRESH MATTERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioner has sought for General Parole for his son who is undergoing imprisonment after conviction for the offence under Sections 504 and 302 of Indian Penal Code in SC No.154/2020 on the file of the V Additional District and Sessions Judge, Mysuru. The learned counsel submits that the - 3 - HC-KAR NC: 2025:KHC:31346 WP No. 14895 of 2025 petitioner is constrained to approach this Court directly because the respondents are selective in issuing Form No.IX under the Karnataka Prisons and Correctional Services Manual, 2021 [for short, 'the Manual]. The Manual details the procedure to be followed and the conditions that must be satisfied to be admitted to General Parole. The right to General Parole cannot be denied by refusing the application in Form No.IX. In the circumstances wherein the petitioner seeks General Parole for his son asserting that his son's presence is required to look after him as he is advised to undergo knee surgery, this Court is of the view that the petition must be disposed of directing the second respondent to issue Form No.9 to the petitioner's son immediately upon receipt of a certified copy of this order. The learned counsel for the petitioner is granted liberty to file a certified copy of this order with the - 4 - HC-KAR NC: 2025:KHC:31346 WP No. 14895 of 2025 second respondent [by email: cpmys.prisons- kar@gov.in] addressed to the Chief Superintendent, Central Prison, Mysore - 570 007. It is needless to observe that upon receipt of Form No.IX which is duly signed, the same shall be considered within the timeline as provided under the Manual 2021. The petition stands disposed of accordingly. Sd/- (B M SHYAM PRASAD) JUDGE SA