SRI ARUN KUMAR @ PUSHPARAJ v. THE DIRECTOR GENERAL OF POLICE
WP/27078/2025 · 2025-09-10
B M Shyam Prasad
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 73297 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 73297 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:35655 WP No. 27078 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 27078 OF 2025 (GM-POLICE)
BETWEEN:
SRI ARUN KUMAR @ PUSHPARAJ S/O RAJAPPA, AGED ABOUT 39 YEARS, R/AT GUMMANAPAALLI VILLAGE, SOMAWARAPETE TALUK, KUSHAL NAGAR HOBLI KODAGU DISTRICT -571234.
…PETITIONER (BY SRI. PRATHAP S S.,ADVOCATE)
AND:
1.
THE DIRECTOR GENERAL OF POLICE PRISONS AND CORRECTIONAL SERVICES NO. 4, SHESHADRI ROAD BENGALURU-560009.
Digitally signed by VANAMALA N Location:
HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:35655 WP No. 27078 of 2025
2.
THE CHIEF SUPERINTENDENT CENTRAL PRISON, PARAPPANA AGRAHARA BENGALURU-560100.
3.
THE SUPERINTENDENT OF POLICE, KODAGU DISTRICT, MADIKERI-571201.
…RESPONDENTS (BY SMT.K.P. YASHODHA., AGA)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO- QUASH THE ENDORSEMENT DATED 17.07.2025 VIDE NO. BCP/CTP-SEC/7124/2025 ISSUED BY THE R2 PRODUCED AS ANNEXURE -C; B. DIRECT THE NATURE OF MANDAMUS TO THE RESPONDENTS TO GRANT OF GENERAL PAROLE FOR A PERIOD OF 90 DAYS.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD
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HC-KAR NC: 2025:KHC:35655 WP No. 27078 of 2025
ORAL ORDER
The petitioner is convicted for offences punishable under Section 320 and other related offences of IPC in S.C. No.99/2007 on the file of the VII Additional District and Sessions Judge, Bengaluru Rural, and the petitioner’s application for general parole on the ground that his property is dilapidated and he must assist his parents in repairs is rejected by the second respondent vide the impugned Endorsement dated 17.07.2025 [Annexure- C]. The second respondent has rejected the application in view of the Report dated 10.07.2025 [Annexure-B] from the Police Superintendent, Kodagu District, Madikeri [the third respondent].
This report is that the petitioner’s property is visited and that it is ascertained that no repairs are being undertaken. This officer has also stated that according to the information, there would be an untoward incident if the petitioner visits his village.
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HC-KAR NC: 2025:KHC:35655 WP No. 27078 of 2025
In terms of the Karnataka Prisons and Correctional Services Manual 2021, the Report had to be considered by the Director General of Prisons and Correctional Services [the first respondent], and because of an intermediate arrangement brought in by the amendment, the application is considered by the second respondent.
However, with this Court's Order in the writ petition in W.P. No.11541/2025, it would be incumbent upon the first respondent to consider the application. This Court is of the further view that the first respondent must reconsider the petitioner's request for grant of parole not only in the light of the Report dated 10.07.2025, but also in the light of the purposes for which a convict is admitted to general parole. Hence, the following:
ORDER a. The petition is allowed reserving liberty to the petitioner to file a certified copy of this
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HC-KAR NC: 2025:KHC:35655 WP No. 27078 of 2025
order with the second respondent who is called upon to forward the Report for a decision by the first respondent.
b. The learned counsel for the petitioner is reserved liberty to file a certified copy of this order with the second respondent over email: cpblr.prisons-kar@gov.in.
SD/- (B M SHYAM PRASAD) JUDGE
AN/-