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High Court of Karnataka · body

2025 DAILYLAW 72211 (KAR)

SMT. ARCHANA M v. THE CHIEF SUPERINTENDENT

WP/36169/2025 · 2025-12-15

Suraj Govindaraj

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:53378 WP No. 36169 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 36169 OF 2025 (GM-POLICE) BETWEEN: SMT. ARCHANA M W/O KAILASA @ RAJU AGED ABOUT 24 YEARS, R/AT YADADORE VILLAGE, T NARASIPURA TALUK, MYSORE DISTRICT-571110 THE PETITIONER IS THE WIFE OF THE CONVICT PRISONER NO 00359 KAILASA SERVING LIFE SENTENCE IN CENTRAL PRISON, MYSORE …PETITIONER (BY SRI. PRADEEP PATIL, ADVOCATE) AND: 1. THE CHIEF SUPERINTENDENT CENTRAL PRISON, MYSORE-570007 2. THE SUPERINTENDENT OF POLICE, MYSORE DISTRICT, MYSORE-570001 3. THE DIRECTOR GENERAL OF POLICE PRISONS AND CORRECTIONAL SERVICES SESHADRI ROAD, BENGALURU-560 003. …RESPONDENTS (BY SMT.K.P.YASHODHA, AGA) 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 RELEASE THE CONVICT PRISONER NO. 00359 KAILASA ALIAS RAJU S/O RACHAIAH ALIAS KARIYA ON GENERAL PAROLE FOR A PERIOD OF 90 DAYS. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:53378 WP No. 36169 of 2025 CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The wife of the detenu-Kailaasa @ Raju- CTP.No.00359, 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 release the convict prisoner no. 00359 Kailasa Alias Raju S/O Rachaiah Alias Kariya on general parole for a period of 90 days. b. Pass such other orders/ directions considering the facts and circumstances of the case together as to costs in the interest of justice. 2. The detenu had been convicted in S.C.No.68/2017 for offences punishable under Section 302 of IPC by the II Additional District and Sessions Judge, Mysuru and sentenced on 16.09.2021 with the highest of the sentence being imprisonment for life. 3. The detenu has served a period of 4 years 5 months 3 days of imprisonment as on 10.11.2025 and his conduct in jail is said to be satisfactory. The petitioner having made an application for parole on - 3 - HC-KAR NC: 2025:KHC:53378 WP No. 36169 of 2025 account of house repair, the same came to be rejected on account of adverse report having received from the police. 4. A perusal of the police report indicates that it deals with the conviction of the detenu and does not cover any issue as regards the detenu being a flight risk and/or could cause any harm or injury to the victim/s or victim/s causing any harm to the detenu. 5. In that view of the matter, taking into consideration that the detenu on earlier two occasions had been on parole and has spent a total period of 4 years 5 months 3 days in incarceration, during these days, the conduct of the detenu has been satisfactory and there is no particular complaint against the detenu, I pass the following: ORDER i) The Writ Petition is allowed. ii) Respondent–Chief Superintendent, Central Prison, Mysore, is directed to release the - 4 - HC-KAR NC: 2025:KHC:53378 WP No. 36169 of 2025 detenu-Kailaasa @ Raju-CTP.No.00359, on parole for a period of 90 days commencing from 22.12.2025, subject to the following conditions: a) The prisoner-Kailaasa @ Raju- CTP.No.00359, 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 back to the gaol, after the expiry of the period of parole. b) Respondents 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. - 5 - HC-KAR NC: 2025:KHC:53378 WP No. 36169 of 2025 iii) The Registry is directed to communicate the order to the prison authority for its immediate execution. SD/- (SURAJ GOVINDARAJ) JUDGE KTY List No.: 2 Sl No.: 53