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2025 DAILYLAW 71746 (KAR)

SYED NAZIR v. STATE OF KARNATAKA

WP/25039/2025 · 2025-09-18

B M Shyam Prasad

Transfer Petitionbody2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:37551 WP No. 25039 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 25039 OF 2025 (GM-POLICE) BETWEEN: SYED NAZIR S/O. SYED GHOUSE, AGED ABOUT 42 YEARS, R/AT- RAMAPATNA CIRCLE, GUDIBANDE, NATIVE ISLAMURA, KANDAVARPET, CHIKKABALLAPURA-562 103. (NOW IN CUSTODY CENTRAL PRISON, BENGALURU) …PETITIONER (BY SRI. KIRAN S S., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARIAT, DEPARTMENT OF HOME, VIDHANA SOUDHA BANGALORE-560 001. Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:37551 WP No. 25039 of 2025 2. THE CHIEF SUPERINTENDENT CENTRAL PRISON, PARAPPANAGHRAHARA, BANGALORE-580 100. 3. THE COMMISSIONER OF POLICE CQQ5 RPH, MARIMAKALAHALLI, KARNATAKA 562 101. …RESPONDENTS (BY SRI. RAHUL CARIAPPA, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE ENDORSEMENT AS ANX-B ISSUED BY THE R-2 DTD 17.07.2025 NO. BCP/CTP/SEC/7133/2025 BY DIRECTING THE R- 2/CENTRAL PRISON BANGALORE TO RELEASE THE PETITIONER ON PAROLE FOR A PERIOD OF 90 DAYS IN PRISONER CTP O. 11357 CONVICTED BY THE JUDGEMENT AND ORDER DTD 29.06.2019 PASSED BY THE ADDL DIST AND SESSION COURT CHIKKABALLAPURA IN SC NO. 70/2013 FOR THE OFFENCES PUNISHABLE U/S 302 OF IPC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:37551 WP No. 25039 of 2025 CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioner's application for general parole, which is filed after this Court's order dated 24.06.2025 in W.P.No.13283/2025 [GM-POLICE] is rejected by the second respondent. Sri Rahul Cariappa, the learned Additional Government Advocate, submits that the second respondent has rejected the application in view of the report from the concerned Superintendent of Police, and Sri Kiran S.S., the learned counsel for the petitioner, submits that the petitioner has been admitted to parole twice and has surrendered without any reason for complaint and therefore this Court must grant parole to the petitioner. This Court is of the view that in terms of the Karnataka Prisons and Correctional Manual, 2021 [Manual 2021] every application for parole must be considered by the Director General of Prisons and - 4 - HC-KAR NC: 2025:KHC:37551 WP No. 25039 of 2025 Correctional Services in terms of the Manual 2021. This Court must observe that the second respondent is vested with jurisdiction to consider an application for parole only because of the difficulties during Covid-19 period which is clarified by this Court in W.P.No.11541/2025 [GM-POLICE]. The second respondent's jurisdiction to consider an application for grant of parole has ceased. In the present circumstances, the petition must be disposed of with liberty to the petitioner to file an application in the prescribed form for due consideration in terms of the following: ORDER [A] The petition stands disposed of reserving liberty to the petitioner to file an application for grant of parole, through a learned counsel, with the second respondent by email [cpblr.prisons- kar@gov.in]. [B] The second respondent is directed to process the application and forward all the records to - 5 - HC-KAR NC: 2025:KHC:37551 WP No. 25039 of 2025 the Director General of Prisons and Correctional Services within fifteen [15] days from the date of receipt of such application. [C] The Director General of Prisons and Correctional Services is called upon to decide and ensure that the decision is communicated to the petitioner within four [4] weeks from the date of receipt of the Report from the second respondent. Sd/- (B M SHYAM PRASAD) JUDGE SA List No.: 2 Sl No.: 14