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2025 DAILYLAW 72865 (KAR)

S THAMIM ANSARI v. THE STATE OF KARNATAKA

WP/15433/2025 · 2025-08-13

B M Shyam Prasad

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:31319 WP No. 15433 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 15433 OF 2025 (GM-POLICE) BETWEEN: S THAMIM ANSARI S/O SAKUL AMEED, AGED ABOUT 44 YEARS, R/ATNO.137/7, 1ST FLOOR, NARAYANA SARANG GARDENS STREET, MANNDY PO, CHENNAI DIST-600001. …PETITIONER (BY SRI. BALASUBRAMANYA B.N.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA HOME DEPARTMENT THROUGH PRINCIPAL SECRETARY VIDHANA SOUDHA BENGALORE-560001. 2. CHIEF SUPERINTENDENT CENTRAL PRISION PARAPPANA AGRAHARA BANGALORE560100. …RESPONDENTS (BY SMT.K.P. YASHODHA., AGA) Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:31319 WP No. 15433 of 2025 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUITON OF INDIA PRAYING TO DIRECT THE R2 TO RELEASE THE PETITIONERS BROTHER SYED ABDUL KHADAR CTP 13924 LODGED IN BANGALORE PRISON ON PAROLE FOR A PERIOD OF 90 DAYS. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioner has sought for General Parole for his brother who is undergoing imprisonment after conviction for the offence under Section 22(c) read with Section 24(A) of the Narcotic Drugs And Psychotropic Substances, Act, 1985 on the file of the XXXIII ACC and SCJ and Special Judge [NDPS], Bengaluru. The learned counsel submits that the petitioner is constrained to approach this Court directly because the respondents are selective in issuing Form No.IX under the Karnataka Prisons and - 3 - HC-KAR NC: 2025:KHC:31319 WP No. 15433 of 2025 Correctional Services Manual, 2021 [for short, 'the Manual]. The Manual details the procedure to be followed and the conditions that must be satisfied to be admitted to General Parole. The right to General Parole cannot be denied by refusing the application in Form No.IX. In the circumstances wherein the petitioner seeks General Parole for his brother asserting that his presence is required for looking after his wife who is suffering from lepersory, this Court is of the view that the petition must be disposed of directing the second respondent to issue Form No.IX to the petitioner's brother immediately upon receipt of a certified copy of this order. The learned counsel for the petitioner is granted liberty to file a certified copy of this order with the second respondent [by email: cpblr.prisons- kar@gov.in] addressed to the Chief Superintendent, Central Prison, Parappana Agrahara, Bangalore - 560 - 4 - HC-KAR NC: 2025:KHC:31319 WP No. 15433 of 2025 100. It is needless to observe that upon receipt of Form No.IX which is duly signed, the same shall be considered within the timeline as provided under the Manual 2021. The petition stands disposed of accordingly. Sd/- (B M SHYAM PRASAD) JUDGE SA ct:sr