Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 75315 (KAR)

RAJEEVALOCHANABABU v. STATE OF KARNATAKA

WP/32508/2025 · 2025-12-01

Suraj Govindaraj

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:50012 WP No. 32508 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 32508 OF 2025 (GM-POLICE) BETWEEN: 1. RAJEEVALOCHANABABU S/O LATE CHIKKANNA AGED ABOUT 51 YEARS ARALIMARADAPALYA 150 FT. MAIN ROAD SIRA GATE,TUMKURU-572 137. …PETITIONER (BY SRI. KIRAN S S.,ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARIAT DEPARTMENT OF HOME VIDHANA SOUDHA BANGALORE- 560 001. 2. THE CHIEF SUPERINTENDENT CENTRAL PRISON PARAPPANAGHRAHARA BANGALORE- 580 100. 3. THE COMMISSIONER OF POLICE 84MC+ JVC, SIDDALINGAIAHNA PALYA TUMKUR,KARNATAKA 572 103 …RESPONDENTS (BY SMT. K P YASHODHA, AGA FOR RESPONDENTS) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT AS ANNEXURE-B ISSUED BY THE R2 IN NO. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:50012 WP No. 32508 of 2025 BCP/CTP-SEC/13964/2025 DATED: 16/10/2025 BY DIRECTING THE R2 / CENTRAL PRISON, BANGALORE, TO RELEASE THE PETITIONER ON GENERAL PAROLE FOR A PERIOD OF 90 DAYS AND PRISONER CTP NO. 14062 CONVICTED BY THE JUDGMENT AND ORDER DATED 10.11.2023 PASSED BY THE HONBLE HIGH COURT OF KARNATAKA IN CRL.APL.NO. 445/2017 FOR THE OFFENCES PUNISHABLE U/SEC. 302 R/W 34 OF IPC, SEC201 OF IPC AS PER THE ANNEXURE-A2 AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The son of the detenu – Rajeevalochana Babu T.C., - CTP No.14062 is before this Court seeking for the following reliefs: 1. Issue a Writ of Certiorari by quashing the endorsement as ANNEXURE-B issued by the 2nd Respondent in No.BCP/CTP-Sec/13964/2025 dated 16/10/2025 by directing the Respondent No.2/Central Prison, Bangalore, to release the Petitioner on General Parole for a period of 90 days and prisoner CTP No.14062 convicted by the judgement and order dated 10.11.2023 passed by the Hon'ble High Court of Karnataka in Crl.Apl.No.445/2017 for the offences punishable U/sec. 302 r/w 34 of IPC, SEC 201 of IPC, as per the Annexure A-2, in the interest of justice and equity. 2. Issue such other suitable orders or direction as this Hon'ble court deems fit and proper in the nature and circumstances of the case, in the interest of justice and equity. - 3 - HC-KAR NC: 2025:KHC:50012 WP No. 32508 of 2025 2. The detenu was convicted for the offence punishable under Section 302 r/w 34 of IPC and under Section 201 of IPC in S.C.No.216/2012 by the Principal District and Sessions Judge, Tumakuru and on 01.12.2023, the detenu was sentenced for life imprisonment. The detenu has, as on 17.2.2025, been incarcerated for 2 years 18 days. 3. An application for grant of parole was made on account of the ill-health of the mother of the detenu, who is stated to be 94 years of age, who requires urgent surgery. The said application came to be rejected by the respondents on the ground of adverse police report. 4. The adverse police report does not indicate any particular reason for such rejection except referring to the earlier offence committed by the detenu and the conviction made thereof of the detenu. As such, I pass the following: - 4 - HC-KAR NC: 2025:KHC:50012 WP No. 32508 of 2025 ORDER i) The Writ Petition is allowed. ii) A certiorari is issued. The endorsement dated 16.10.2025 passed by Respondent No.2 at Annexure-B is quashed. iii) Respondent No.2 is directed to release detenu – – Rajeevalochana Babu T.C., - CTP No.14062 on parole for a period of 90 days commencing from 11.12.2025, subject to the following conditions. a) The prisoner (CTP 14062) 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 him to gaol, in the event, the convict would evade going back to the gaol, after the expiry of the period of parole. - 5 - HC-KAR NC: 2025:KHC:50012 WP No. 32508 of 2025 b) Respondent No.1 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. iv) The Registry is directed to communicate the order to the Prison Authority for its immediate execution. Sd/- (SURAJ GOVINDARAJ) JUDGE PRS List No.: 2 Sl No.: 45