Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 71438 (KAR)

BHARATH A v. STATE OF KARNATAKA

WP/24046/2025 · 2025-08-11

B M Shyam Prasad

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:30863 WP No. 24046 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 24046 OF 2025 (GM-POLICE) BETWEEN: BHARATH A S/O. ASHWATHAPPA, AGED ABOUT 28 YEARS, R/AT HINNAKI, JIGANI, BENGALURU, KARNATAKA-560 105. (ASHWATHAPPA-CTP NO. 12120) …PETITIONER (BY SMT. LIKITHA M, ADVOCATE) AND: 1. STATE OF KARNATAKA BY THE SECRETARY OF HOME DEPARTMENT, VIDHANA SOUDHA, BENGALURU-560 001. 2. CHIEF SUPERINTENDE OF POLICE CENTRAL PRISON, PARAPPANA AGRAHARA, BANGALORE-560 100. REP BY AG …RESPONDENTS (BY SMT. K. P. YASHODHA, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:30863 WP No. 24046 of 2025 R2 TO RELEASE PETITIONER'S FATHER ASHWATHAPPA (CTP-12120) FOR A PERIOD OF 15 DAYS TO ATTEND PETITIONER'S MARRIAGE. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioner has sought for parole for his father, who is convicted for the offence punishable under Section 302 of the Indian Penal Code in S. C. No.133/2019. The Sessions Court's judgment in this regard is dated 30.11.2020. The petitioner contends that his marriage is scheduled to be held on 12.08.2025 and 13.08.2025 in Thattekere, Kanakapura Taluk, Ramanagara District. Mrs. K. P. Yashodha, the learned Additional Government Advocate, who is called upon to secure instructions, submits that the Jurisdictional Police has verified that indeed the petitioner's marriage is scheduled as stated, but the learned Additional Government Advocate also submits that this Court may consider the fact that the petitioner’s father was - 3 - HC-KAR NC: 2025:KHC:30863 WP No. 24046 of 2025 on parole between 02.05.2025 and 18.06.2025. In rejoinder, Mrs. Likitha M, the learned counsel for the petitioner, submits that the marriage was solemnized during this period. This Court is of the view that there is just cause for grant of Parole for a period of ten [10] days effective from 12.08.2025. Hence the following: ORDER The petition is allowed, and the second respondent is directed to grant Parole to the petitioner’s father [Mr. Ashwathappa] for a period of ten [10] days effective from 12.08.2025 stipulating the conditions as would be just and reasonable. SD/- (B M SHYAM PRASAD) JUDGE RB