SRI G GOPAL @ GOPALAKRISHNA @ BHAIRAVA v. STATE OF KARNATAKA
WP/31877/2025 · 2025-12-01
Suraj Govindaraj
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 80121 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 80121 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:50009 WP No. 31877 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. 31877 OF 2025 (GM-POLICE) BETWEEN:
1.
SRI G GOPAL @ GOPALAKRISHNA @ BHAIRAVA S/O. GURUMALLU AGED ABOUT 35 YEARS 102/G, FARM HOUSE, B.M.SRINAGAR METAGALLI, MYSURU- 570 016 …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 MYSURU CITY, LOKARANJAN MAHAL RD DOORA, MYSURU KARNATAKA 570010 …RESPONDENTS (BY SMT. K P YASHODHA, AGA FOR R1 TO R3)
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 2ND RESPONDENT
Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:50009 WP No. 31877 of 2025
BEARING NO. CPB/CTP-SEC/3348/2025 DATED 21.05.2025 BY DIRECTING THE RESPONDENT NO.2/CENTRAL PRISON, BANGALORE, TO RELEASE THE PETITIONER ON PAROLE FOR A PERIOD OF 90 DAYS IN PRISONER CTP NO. 11976 CONVICTED BY THE JUDGMENT AND ORDER DATED 27.02.2020 PASSED BY THE HON’BLE VTH ADDITIONAL SESSION JUDGE, MYSURU IN SC.NO.146/2016 FOR THE OFFENCES PUNISHABLE U/SEC.498 A AND 302 OF IPC, IN THE INTEREST OF JUSTICE AND EQUITY 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. Mother of the detenu – G.Gopal @ Gopalakrishna @ Bhairava – CTP 11976 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 Bearing No. CPB/CTP-Sec/3348/2025 dated 21.05.2025 by directing the Respondent No.2/Central Prison, Bangalore, to release the Petitioner on parole for a period of 90 days in prisoner CTP No. 11976 convicted by the
judgment and order dated 27.02.2020 passed by the Hon'ble Vth Additional Session Judge, Mysuru in SC.No.146/2016 for the offences punishable U/sec.498 A and 302 of IPC, 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.
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HC-KAR NC: 2025:KHC:50009 WP No. 31877 of 2025
2. The detenu was convicted for offences under Section 498A, 302 of IPC in SC No.146/2016 by the V Additional District and Sessions Judge, Mysore and on 28.02.2020 sentenced for life imprisonment. The detenu as on 11.6.2025, being incarcerated for a period of 8 years 8 months 25 days and has been granted general parole on two occasions and court parole on one occasion totaling for a period of 7 months. The detenu having made an application for further parole on account of repair work of the house and medical treatment of his mother, the said application came to be rejected on the ground that the detenu had after undergoing parole surrendered late by one day and in that background the detenu is before this Court seeking for the aforesaid reliefs.
3. The only ground being that the detenu had surrendered one day late will not take away the fact that the detenu had surrendered and complied with the parole conditions. There is no particular
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HC-KAR NC: 2025:KHC:50009 WP No. 31877 of 2025
complaint against the detenu during the period of incarceration and his conduct is stated to be satisfactory. General parole has been granted twice and court parole has been granted once and he has surrendered on all three occasions and as such cannot be said to be a flight risk. In that view of the matter, I pass the following:
ORDER i) The Writ Petition is allowed. ii) A certiorari is issued. The endorsement dated 21.05.2025 passed by Respondent No.2 at Annexure-B is quashed. iii) Respondent No.2 is directed to release detenu – G.Gopal @ Gopalakrishna @ Bhairava – CTP 11976 on parole for a period of 90 days commencing from 10.12.2025, subject to the following conditions. a) The prisoner (CTP 11976) shall mark his attendance in the jurisdictional Police Station, weekly once throughout the period
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HC-KAR NC: 2025:KHC:50009 WP No. 31877 of 2025
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. 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.: 41