Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 75116 (KAR)

SMT LAKSHMAMMA v. STATE OF KARNATAKA

WP/17918/2025 · 2025-09-24

B M Shyam Prasad

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:38581 WP No. 17918 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 17918 OF 2025 (GM-POLICE) BETWEEN: 1. SMT LAKSHMAMMA W/O. KRISHNAPPA, AGED ABOUT 52 YEARS, R/A 215/G 4TH MAIN RAOD, 6TH CROSS, NEAR SUMATI KALAYANA MANTAPA, PRAKESH NAGAR, BENGALURU-560 009. 2. SMT. DARSHANI N. D/O NAGARAJ, AGED ABOUT 26 YEARS, R/A NO.938, 3RD MAIN, M.C LAYOUT VIJAYANAGAR, BENGALURU NORTH, BENGALURU-560040. …PETITIONERS (BY SRI. THEJAS., ADVOCATE FOR Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:38581 WP No. 17918 of 2025 SRI. SUNIL KUMAR S.,ADVOCATE) AND: 1. STATE OF KARNATAKA BY ITS ADDL. CHIEF SECRETARY HOME DEPARTMENT VIKASA SOUDHA, AMBEDKAR VEEDHI, BANGALORE 560 001. 2. THE DIRECTOR GENERAL AND INSPECTOR GENERAL OF PRISONS NO.4, SESHADRI ROAD, BANGALORE - 560 009. 3. THE SUPERINTENDENT, CENTRAL PRISON, PARAPPANA AGRAHARA, ELECTRONIC CITY, BANGALORE 560 100. …RESPONDENTS (BY SMT.K.P. YASHODHA., AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE IMPUGNED ENDORSEMENT DATED 9.05.2025 VIDE ANNX-A BEARING NO. CPB/CTP-SEC/2642/25 AND CONSEQUENTLY - 3 - HC-KAR NC: 2025:KHC:38581 WP No. 17918 of 2025 DIRECT THE R-3 TO RELEASE THE DETENUE ON EMERGENCY PAROLE FOR A PERIOD OF 15 DAYS. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The first petitioner's son is scheduled to marry the second petitioner. These petitioners are aggrieved by the third respondent's decision dated 09.05.2025 [Annexure-A] to refuse emergency parole to the first petitioner's son who is sentenced to life imprisonment for the offence punishable under Section 302 of IPC. The third respondent has rejected the application stating that emergency parole could be granted only on specific circumstances including the marriage of a son/daughter/brother and sister. 2. The request for parole is for convict's marriage. The Imprisonment Certificate dated - 4 - HC-KAR NC: 2025:KHC:38581 WP No. 17918 of 2025 16.01.2025 [Annexure-B] furnishes the details of the pending cases, and to substantiate that those cases cannot be a condition to refuse parole, the copies of the following orders are placed on record. (i) IX ACMM Bengaluru in Cr.No.191/2023 (Parappana Agrahara P.S.) under Section 21(b), 22(b) of IPC. (ii) LXII Addl. City Civil and Sessions Judge (CCH-63), Bengaluru in S.C.No.742/2014, Cr.No.129/2018 (Rajajinagar PS ) under Section 307 IPC. (iii) XXXIX ACMM, Bengaluru in C.C.No.26942/2014, Cr.No.129/2019 (Rajajinagar P S) under Section 341, 324, 504 & 506 of IPC. 3. Mr. Tejas, a learned counsel who appears for Mr.Sunil Kumar S. who is on record for the petitioners, and Ms.K.P.Yashodha, the learned Additional Government Advocate, are heard on whether the convict must be admitted to parole. The undisputed position, as could be seen even from the - 5 - HC-KAR NC: 2025:KHC:38581 WP No. 17918 of 2025 impugned Endorsement, is that the convict could be admitted to general parole to attend to a sibling's marriage amongst other reasons. 4. The question is whether the convict must be admitted to parole for solemnization of his own marriage. This Court is of the view that this reason must also fall within the fold of the reasons for which a convict is admitted to parole and to hold otherwise would be unreasonable. However, the other conditions must be satisfied. The Imprisonment Certificate refers to pending proceedings but it is shown indisputably that the first petitioner's son has been granted bail in C.C.No.26942/2019 subject to execution of cash surety because the offence is culpable, in the other proceedings the first petitioner's son has the benefit of bail granted either by this Court or by the Sessions Court. These proceedings are in Crl.P.No.4246/2025 and Crl.Misc.No.352/2019. This Court must observe that - 6 - HC-KAR NC: 2025:KHC:38581 WP No. 17918 of 2025 no other conditions are pointed out which could not be a reason to refuse emergency parole. In the light of the afore, following: ORDER [a] The petition is allowed. [b] The third respondent is directed to grant general parole of fifteen [15] days to first petitioner's son - Sri Muniraju @ Abhigowda @ Abhi - subject to the terms as contemplated under the Karnataka Prisons and Correctional Services Manual 2021 on receipt of certified copy of this order. [c] Sri Muniraju @ Abhigowda @ Abhi must mark his attendance with the jurisdictional Police every three [3] days and should not leave the jurisdiction of the concerned Station House without the express leave of the Station House Officer. - 7 - HC-KAR NC: 2025:KHC:38581 WP No. 17918 of 2025 [c] The petitioners, through their learned counsel, are reserved liberty to file a certified copy of this order with the third respondent [by email: cpblr.prisons-kar@gov.in] addressed to the Chief Superintendent, Central Prison, Parappana Agrahara, Bengaluru-560 100. Sd/- (B M SHYAM PRASAD) JUDGE SA ct:sr