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2025 DAILYLAW 77968 (KAR)

MRS THIMAKKA v. THE STATE OF KARNATAKA

WP/14288/2025 · 2025-08-29

B M Shyam Prasad

Transfer Petitionbody2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:33643 WP No. 14288 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 14288 OF 2025 (GM-POLICE) BETWEEN: MRS THIMAKKA W/O LATE MURTHY, AGED ABOUT 58 YEARS, R/AT 1ST CROSS, BADDIHALLI, TUMKUR 572104 RAMAKRISHNA CONVICTED PRISON CTP NO. 14982. …PETITIONER (BY SRI. GIRISH R.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS ADDITIONAL CHIEF SECRETARY, DEPARTMENT OF HOME AND PRISON, Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:33643 WP No. 14288 of 2025 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, 04, SESHADRI ROAD, BENGALURU 560 009. …RESPONDENTS (BY SMT.K.P YASHODHA., AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE PAROLE REJECTION ENDORSEMENT DATED 10.04.2025 BEARING REFERENCE NO. CPB/CTP.SEC/636/2025 VIDE ANNEXURE-A AND CONSEQUENTLY; WRIT OF MANDAMUS TO THE R2 TO RELEASE THE SON OF THE PETITIONER I.E. SRI. RAMAKRISHNA BEARING CTP NO. 14982 ON PAROLE FOR THE PERIOD OF 90 DAYS. - 3 - HC-KAR NC: 2025:KHC:33643 WP No. 14288 of 2025 THIS PETITION, COMING ON FOR FRESH MATTERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioner's son is incarcerated for offences punishable under the Indian Penal Code, 1860 [for short, 'IPC'], and the petitioner's application is rejected by the second respondent in the light of the Report dated 10.04.2025 by the jurisdictional Police. The Superintendent of Police has opined in general terms that if the Petitioner's son is admitted to parole, there would be a law and order situation. This Court has already opined that the conferment of jurisdiction in the second respondent was only because of Covid-19 situation otherwise, the decision must be by the Director General of Police and Inspector General of Prisons and Correctional - 4 - HC-KAR NC: 2025:KHC:33643 WP No. 14288 of 2025 Services1. This Court is of the opinion that in the facts and circumstances, notwithstanding the Endorsement dated 10.04.2025, the Director General of Prisons and Correctional Services must consider the application for General Parole not just in the light of the Report but also the purpose for which the parole is extended. Therefore, the following ORDER [A] The petition stands disposed of with liberty to the petitioner to forward a certified copy of this order, through his counsel, to the second respondent through E-mail [cpblr.prisons- kar@gov.in], and the second respondent is directed to forward the entire file to the Director General of Police, Prisons 1 This Court's order in this regard is in W.P. No.11541/2025 which is disposed of on 19.08.2025. - 5 - HC-KAR NC: 2025:KHC:33643 WP No. 14288 of 2025 and Correctional Services within a week from the date of receipt of a copy of this order. [B] The Director General of Police, Prisons and Correctional Services is called upon to consider all the circumstances in the light of this Court's observation and communicate the decision to the petitioner within fifteen days from the date of receipt of the records. Sd/- (B M SHYAM PRASAD) JUDGE NV