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2025 DAILYLAW 71017 (KAR)

SRI AJAY v. THE CHIEF SUPERINTENDENT

WP/27219/2025 · 2025-09-10

B M Shyam Prasad

Transfer Petitionbody2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:35656 WP No. 27219 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 27219 OF 2025 (GM-POLICE) BETWEEN: SRI. AJAY S/O RAMEGOUDA AGED ABOUT 33 YEARS R/AT MADRALI, ARAKERE HOBLI SRIRANGAPATTANA TALUKU, MANDYA DISTRICT - 571 422. …PETITIONER (BY SRI. RAMESHA H.N., ADVOCATE) AND: 1. THE CHIEF SUPERINTENDENT CENTRAL PRISON MYSORE - 570 001. 2. THE SUPERINTENDENT OF POLICE MANDYA DISTRICT, MANDYA - 571 401. 3. THE POLICE INSPECTOR ARAKERE POLICE STATION Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:35656 WP No. 27219 of 2025 MANDYA - 571 401. …RESPONDENTS (BY SMT. K.P. YASHODHA, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO 1) QUASH THE IMPUGNED ORDER DATED 17.07.2025 VIDE NO.SAM.DCRB/PAROLE/10/2025 PASSED BY THE RESPONDENT NO.2 AT ANNEXURE -A AND FURTHER BE PLEASED TO DIRECT THE RESPONDENT NO.1 TO RELEASE THE PETITIONER ON PAROLE FOR A PERIOD OF 90 DAYS WITHOUT REFERRING THE MATTER TO THE RESPONDENT NO.3 POLICE, ETC., THIS WRITPETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD - 3 - HC-KAR NC: 2025:KHC:35656 WP No. 27219 of 2025 ORAL ORDER The petitioner is undergoing rigorous imprisonment for 20 years because of his conviction in Special Case No. 199 of 2019 on the file of the Additional District and Sessions, Judge, FTSC (Special Court for Trial of Rape Cases along with POCSO Act cases) at Mandya. The petitioner, including the period of incarceration while on trial, has been in prison for over six years. The first respondent has rejected the petitioner’s application for parole because of the third respondent’s opinion inter alia that [a] the petitioner does not own land in his name [b] his parents are cultivating the land [c] they do not expect the petitioner to be let out on parole and [d] there is every possibility of the petitioner being responsible for untoward incidents in the village if let out on parole. The Imprisonment Certificate dated 08.08.2025 records that the petitioner's conduct in jail is - 4 - HC-KAR NC: 2025:KHC:35656 WP No. 27219 of 2025 satisfactory and that there are no other proceedings pending against the petitioner. Smt. K.P. Yashoda, the learned Additional Government Advocate who is called upon to take notice, is heard. This Court is of the opinion that the petitioner has made out a case for this Court's interference for grant of parole but on terms that the first respondent must stipulate so that the petitioner returns to prison on the expiry of thirty [30] days. Hence the following: ORDER [A] The petition stands disposed of. [B] The first respondent is directed to release the petitioner on parole for thirty [30] days beginning from the date of receipt of a certified copy of this order. [C] The first respondent shall stipulate all such conditions as will be necessary to ensure the petitioner's return to the jail - 5 - HC-KAR NC: 2025:KHC:35656 WP No. 27219 of 2025 on the expiry of the thirty [30] days and that the petitioner shall mark attendance every day with the jurisdictional police. [D] The first respondent is directed to issue orders within three [3] days from the date of receipt of a certified copy of this order. SD/- (B M SHYAM PRASAD) JUDGE BMV* List No.: 1 Sl No.: 19 CT: BHK