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2025 DAILYLAW 73031 (KAR)

SMT KADARAMMA v. THE CHIEF SUPERINTENDENT

WP/36282/2025 · 2025-12-15

Suraj Govindaraj

Transfer Petitionbody2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:53377 WP No. 36282 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. 36282 OF 2025 (GM-POLICE) BETWEEN: SMT KADARAMMA W/O ANJINAPPA AGED ABOUT 59 YEARS, R/AT CHIKKADALAVATTA, KODIGENAHALLI HOBLI, MADHUGIRI TALUK, TUMAKURU-572 127 THE PETITIONER IS THE MOTHER OF THE CONVICT PRISONER NO. 10703 SHIVAIAH, SERVING LIFE SENTENCE IN CENTRAL PRISON, BENGALURU …PETITIONER (BY SRI. PRADEEP PATIL, ADVOCATE) AND: 1. THE CHIEF SUPERINTENDENT CENTRAL PRISON, BENGALURU 560 100 2. THE DIRECTOR GENERAL POLICE PRISONS AND CORRECTIONAL SERVICES SESHADRI ROAD, BENGALURU-560003 …RESPONDENTS (BY SMT.K.P.YASHODHA, AGA) THIS WP 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. 10703 SHIVAIAH S/O ANJINAPPA 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:53377 WP No. 36282 of 2025 CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The mother of the detenu-Shivaiah-CTP.No.10703, 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. 10703 Shivaiah S/o Anjinappa 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.5026/2017 for offences punishable under Sections 302 and 307 of IPC by the IV Additional District and Sessions Judge, Madhugiri and sentenced on 28.08.2018 with the highest of the sentence being imprisonment for life. The detenu has served a period of 7 years 10 months 10 days of imprisonment as on 09.03.2025 and his conduct in jail is said to be satisfactory. The petitioner having made an application for parole on account of house repair, the same came to be rejected on account of pendency of one other - 3 - HC-KAR NC: 2025:KHC:53377 WP No. 36282 of 2025 criminal proceedings against the detenu in C.C.No.3833/2023 for the offences under Section 424 of IPC and Section 42 of Karnataka Prisons Act. It is in that background, the petitioner is before this Court. 3. A perusal of the record indicates that the detenu has served a period of 7 years 10 months 10 days in incarceration, during these days, the conduct of the detenu has been satisfactory and there is no particular complaint against the detenu. Hence, I pass the following: ORDER i) The Writ Petition is allowed. ii) Respondent–Chief Superintendent, Central Prison, Bengaluru, is directed to release the Shivaiah-CTP.No.10703, on parole for a period of 30 days commencing from 22.12.2025, subject to the following conditions: - 4 - HC-KAR NC: 2025:KHC:53377 WP No. 36282 of 2025 a) The prisoner-Shivaiah-CTP.No.10703, 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. 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.: 55