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High Court of Karnataka · body

2025 DAILYLAW 77544 (KAR)

MRS. SUJATHA v. THE STATE OF KARNATAKA

WP/37985/2025 · 2025-12-17

Suraj Govindaraj

Transfer Petitionbody2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:54054 WP No. 37985 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 37985 OF 2025 (GM-POLICE) BETWEEN: MRS. SUJATHA W/O GOPAL, AGE 45 YEARS, R/AT BHADRACHARI COMPOUND, 1ST MAIN ROAD, GANDHI NAGAR KOLAR 563101. (MOTHER OF CONVICT PRISONER G NAVEEN KUMAR (CTP NO 12126) …PETITIONER (BY SRI. GIRISH R.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS ADDITIONAL CHIEF SECRETARY, DEPARTMENT OF HOME AND PRISON, VIDHANA SOUDHA, BENGALURU 560 001 2. CHIEF SUPERINTENDENT, CENTRAL PRISON, PARAPPANA AGRAHARA, BENGALURU 560 100 3. DIRECTOR GENERAL OF POLICE AND INSPECTOR, GENERAL OF PRISON AND CORRECTIONAL SERVICES, NO.04, SESHADRI ROAD, BENGALURU 560 009 …RESPONDENTS (BY SMT. K.P. YASHODHA., AGA) Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:54054 WP No. 37985 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION, DIRECTING THE RESPONDENTS CONSIDER AND GRANT EMERGENCY PAROLE TO THE PETITONERS SON G NAVEEN KUMAR 9CTP NO. 12126) IN ACCORDANCE WITH THE PROVISIONS OF THE KARNATAKA PRISONS RULES AND ETC. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The mother of the detenu – G.Naveen Kumar – CTP No.12126 is before this Court seeking for the following reliefs: a) Issue a writ of certiorari or any other appropriate writ, order or direction, directing the Respondents to consider and grant emergency parole to the petitioner's son G Naveen Kumar (CTP No. 12126), in accordance with the provisions of the Karnataka Prisons Rules; b) Pass order/direction to release petitioner son by nature of writ of mandamus to the Respondent No.02 to release this Petitioner son bearing CTP NO. 12126 on emergency Parole. c) Also grant any additional order/direction that this Hon'ble court may deem fit to grant under the facts and circumstances in the interest of justice and Equity. 2. Petitioner is before this Court seeking for emergency parole on account of the emergency treatment of her - 3 - HC-KAR NC: 2025:KHC:54054 WP No. 37985 of 2025 account of Cholelithiasis and Cholecystitis requiring immediate surgery. 3. Learned AGA on verification and instructions submits that the recommendation made for the said surgery is found to be true. 4. The detenu had been convicted in S.C.No.203/2019 for offences under Section 363 of IPC and 4 of POSCO Act by the II Additional District and Sessions Judge, Kolar and sentenced on 08.12.2020 with rigorous imprisonment for seven years. The detenu has served a period of 5 years 11 month 17 days of imprisonment as on 2.12.2025. Since emergency parole is pleaded by the mother of the detenu and taking into consideration that the conduct of the detenu has been satisfactory while incarcerated, there being no particular complaint against the detenu, I pass the following: - 4 - HC-KAR NC: 2025:KHC:54054 WP No. 37985 of 2025 ORDER i) The Writ Petition is allowed. ii) Respondent–Chief Superintendent, Central Prison, Bangalore, is directed to release the detenu – G.Naveen Kumar – CTP No.12126 on emergency parole for a period of 15 days commencing from 22.12.2025, subject to the following conditions: a) The prisoner – G.Naveen Kumar – CTP No.12126 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) Respondent No.1- State of Karnataka shall stipulate strict conditions as are usually - 5 - HC-KAR NC: 2025:KHC:54054 WP No. 37985 of 2025 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 PRS List No.: 1 Sl No.: 132