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2025 DAILYLAW 72036 (KAR)

ANNAYAPPA @ KRISHNAPPA v. STATE OF KARNATAKA

WP/23195/2025 · 2025-09-18

B M Shyam Prasad

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:37474 WP No. 23195 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. 23195 OF 2025 (GM-POLICE) BETWEEN: ANNAYAPPA @ KRISHNAPPA CTP NO- 4190 S/O KRISHNAPPA AGED ABOUT 75 YEARS, R/A KUMBARANAHALLI, KASABA HOBLI, ANEKAL TALUK, HARAGADDE POST, JIGANI, BENGALURU- 560105. …PETITIONER (BY SMT. LIKITHA M., ADVOCATE FOR SRI. RAKSHITH R., ADVOCATE) AND: 1. STATE OF KARNATAKA BY THE SECRETARY OF HOME DEPARTMENT Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:37474 WP No. 23195 of 2025 VIDHANA SOUDHA BENGALORE - 560001 2. CHIEF SUPERINTENDENT OF POLICE CENTRAL PRISON PARAPPANA AGRAHARA BANGALORE-560100 REP. BY AG 3. THE DIRECTOR GENERAL OF POLICE INSPECTOR GENERAL OF PRISON AND CORRECTIONAL SERVICES NO. SHESHADRI ROAD BENGALURU-560009 …RESPONDENTS (BY SRI. RAHUL CARIAPPA, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO EXTEND THE PAROLE GRANTED BY THIS HONORABLE COURT IN WP. NO. 10876/2025 BY GRANTING HIM PAROLE FOR ANOTHER 30 DAYS STARTING FROM 02.08.2025. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD - 3 - HC-KAR NC: 2025:KHC:37474 WP No. 23195 of 2025 ORAL ORDER The petitioner has been admitted to parole by this Court at his wife's instance in W.P.No.10876/2025. This Court, in disposing of this petition on 02.05.2025, has granted general parole to the petitioner for 90 days. The petitioner seeks an extension of such parole by another 30 days contending that [a] he was released on parole on 05.05.2025, [b] he has returned to the prison and [c] he has ailments that could affect his life. 2. Ms. Likitha M., the learned counsel for the petitioner, to support the petitioner's case for an extension of parole, submits that the petitioner is aged 75 years and the Advisory Board has recommended for the petitioner's premature release in view of the guidelines evolved by the State Government after the orders of the Apex Court on premature release. - 4 - HC-KAR NC: 2025:KHC:37474 WP No. 23195 of 2025 3. The petitioner's request for parole earlier was rejected by the Superintendent of Police, Central Prison [the second respondent] because of the amendment to Rule 191[3][a] of the Karnataka Prison Rules, 1974, and this Court in W.P.No.11541/2025 [GM-POLICE] has opined that the amendment was to meet an exigent situation and therefore, the applications for parole must be processed by the second respondent subject to the orders of the Director General of Prisons and Correctional Services as contemplated under Clause 638 (ii)(b)(c)(d) of the Manual 2021. 4. The petitioner's request for further parole, given his age, must rather be considered by the aforesaid Senior Officer based on his health and his case that there is a recommendation for premature release by the Advisory Board but no decision is yet taken as against the petitioner repeatedly approaching this Court under Article 226 of the - 5 - HC-KAR NC: 2025:KHC:37474 WP No. 23195 of 2025 Constitution of India. This Court therefore is of the view that the petition must be disposed of with just liberty in this regard to the petitioner and appropriate directions to the second respondent as also the Director General of Prisons and Correctional Services. Hence, the following: ORDER [A] The petition is disposed of reserving liberty to the petitioner to apply for the grant of parole, through his counsel, with the second respondent through email [by email: cpblr.prisons- kar@gov.in] directing the second respondent to process the application and forward all the records to the Director General of Prisons and Correctional Services within fifteen [15] days from the date of receipt of such application. - 6 - HC-KAR NC: 2025:KHC:37474 WP No. 23195 of 2025 [B] The Director General of Prisons and Correctional Services is called upon to decide on the application within four [4] weeks from the date of receipt of the report and ensure that the decision is communicated to the petitioner. SD/- (B M SHYAM PRASAD) JUDGE SA ct:sr