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High Court of Karnataka · body

2025 DAILYLAW 71541 (KAR)

SRI. GIRISH Y R v. THE STATE OF KARNATAKA

WP/35264/2025 · 2025-12-01

Suraj Govindaraj

Transfer Petitionbody2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:50004 WP No. 35264 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. 35264 OF 2025 (GM-POLICE) BETWEEN: SRI. GIRISH Y R S/O RANGASWAMI AGED 33 YEARS, R/AT YELIYUR, HASSAN DISTRICT, HASSAN 573 225 (NEPHEW OF CONVICT NANJEGOWDA @ NANDEESHA, WHO IS CURRENTLY SERVING LIFE IMPRISONMENT IN CENTRAL PRISON, MYSURU. CONVICT PRISONER NO. 00736) …PETITIONER (BY SRI. VIJAYA PRASAD, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP BY THE PRINCIPAL SECRETARY HOME DEPARTMENT, VIDHANA SOUDHA BENGALURU - 560 001 2. THE DIRECTOR GENERAL OF POLICE PRISONS AND CORRECTIONAL SERVICES NO. 9, SHESHADRI ROAD, GANDHI NAGAR BENGALURU-560 009 3. THE CHIEF SUPERINTENDENT CENTRAL PRISON MYSURU ASHOKA ROAD, NEAR FOUNTAIN CIRCLE MYSURU - 570 007 …RESPONDENTS (BY SMT.K.P.YASHODHA, AGA FOR R1 TO R3) THIS W.P IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTION IN THE NATURE OF MANDAMUS TO THE RESPONDENTS TO GRANT GENERAL PAROLE Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:50004 WP No. 35264 of 2025 OF 90 DAYS TO THE CONVICT NANJEGOWDA ALIAS NANDEESHA S/O HANUMEGOWDA (CTP NO. 00736). 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 petitioner-Nephew of the detenu Nanjegowda @ Nandeesha [CT- No.00736] is before this Court seeking for the following reliefs; a. Issue a writ order or direction in the nature of mandamus to the respondents to grant general parole of 90 days to the convict Nanjegowda alias Nandeesha S/o Hanumegowda (CTP No. 00736). b. Pass such other orders/directions considering the facts and circumstances of the case, together with costs in the interest of justice. 2. The detenu had been convicted in S.C.No.119/2019 for offences under Section 302 of IPC by the IV Additional District and Sessions Judge, Hassan (sitting at Channarayapattana) and sentenced on 31.05.2023 with the highest of the sentence being imprisonment for life. The detenu has served a period of 6 years 6 months 20 days of imprisonment - 3 - HC-KAR NC: 2025:KHC:50004 WP No. 35264 of 2025 as on 9.09.2025 and his conduct in jail is said to be satisfactory. The petitioner having made an application for grant of parole to the detenu on the ground that there is no one in the family to carry out agricultural activities and the presence of the detenu is required to carry out agricultural activities, the same having been rejected on account of adverse police report, the petitioner is before this court seeking for the aforesaid reliefs. 3. A perusal of the police report indicates reference to an earlier offence committed by the detenu and conviction thereof and does not cover any issue as regards the petitioner is a flight risk and or could cause any harm or injury to the victims or victims causing any harm to the detenu. Considering that the detenu has served 6 years 6 months and 20 days as on 9.09.2025, and during that period the conduct of the detenu has been satisfactory and there being - 4 - HC-KAR NC: 2025:KHC:50004 WP No. 35264 of 2025 no particular complaint against the detenu, and this being the first parole, I pass the following: ORDER i) The Writ Petition is allowed. ii) Respondent–Chief Superintendent, Central Prison, Bangalore, is directed to release the detenu- Nanjegowda @ Nandeesha [CT- No.00736] on parole for a period of 30 days commencing from 11.12.2025 or from the date of release, whichever is later [depending on the furnishing of surety], subject to the following conditions: a) The prisoner- Nanjegowda @ Nandeesha [CT- No.00736] 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 them to gaol, in the event, the convict would evade going - 5 - HC-KAR NC: 2025:KHC:50004 WP No. 35264 of 2025 back to the gaol, after the expiry of the period of parole. b) Respondent No.1- State of Karnataka shall stipulate strict conditions as are usually stipulated to ensure return of the detenu to the gaol and 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 LN List No.: 2 Sl No.: 59