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2025 DAILYLAW 80700 (KAR)

SRI SHRINIVAS V v. THE DIRECTOR GENERAL OF POLICE PRISONS AND CORRECTIONAL SERVICES

WP/31086/2025 · 2025-10-16

Suraj Govindaraj

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:41205 WP No. 31086 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 31086 OF 2025 (GM-POLICE) BETWEEN: SRI SHRINIVAS V S/O VENKATARAJU, AGED 41 YEARS R/AT AVALAHALLI VILLAGE, SINGANAYAKANAHALLI POST, YALAHANKA HOBLI, BENGALURU-560064 PRESENTLY SERVING SENTENCE IN MYSORE CENTRAL PRISON (CTP NO. 00754) …PETITIONER (BY SRI. PRADEEP PATIL.,ADVOCATE) AND: 1. THE DIRECTOR GENERAL OF POLICE PRISONS AND CORRECTIONAL SERVICES SESHADRI ROAD BENGALURU-560 003. 2. THE CHIEF SUPERINTENDENT, CENTRAL PRISON, PARAPPANA AGRAHARA, BENGALURU-560100 3. THE SUPERINTENDENT OF POLICE, BENGALURU DISTRICT, BENGALURU-560001 …RESPONDENTS (BY SMT. K.P. YASHODHA., AGA FOR R1 TO R3) Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:41205 WP No. 31086 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT ORDER OR DIRECTION IN THE NATURE OF MANDAMUS TO THE RESPONDENTS TO RELEASE THE PETITIONER ON GENERAL PAROLE FOR A PERIOD OF 90 DAYS.C 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. Learned AGA accepts notice for respondents No.1 to 3. 2. The wife of Sri.Shrinivas.V., CTP No.754 is before this Court seeking for the following reliefs; a. Issue a writ order or direction in the nature of mandamus to the respondents to release the petitioner on general parole for a period of 90 days. b. Pass such other orders/directions considering the facts and circumstances of the case together as to costs in the interest of justice. 3. The wife of Sri.Shrinivas.V., CTP No.754 who is lodged in Mysore Central Prison, is before this Court seeking for general parole for the first time in respect of said convict, an account of the illness of the son of the petitioner and the convict. In support thereof, a - 3 - HC-KAR NC: 2025:KHC:41205 WP No. 31086 of 2025 medical certificate issued by the Government General Hospital, Yelahanka dated 8.10.2025 has been produced, stating that the said son is suffering from Congenital Proximal Myopathy, Early onset of Limb Girdle Muscular Dystrophy (LGMD) requiring immediate medical attention on account of muscle wasting and discrepancy in muscle bulk. The said application for parole having been filed had been rejected on the grounds of adverse police report. 4. A perusal of the adverse police report only indicates the reason why the convict was prosecuted and the Conviction Order which has been passed namely that in S.C.No.235 of 2019 for offences under Section 302 and 201 of the IPC with a sentence imposed for imprisonment for life. 5. There is no particular reason found in the said police report as to whether the release of the petitioner on parole would cause any adverse impact in society at large. The imprisonment certificate which has been - 4 - HC-KAR NC: 2025:KHC:41205 WP No. 31086 of 2025 issued indicates the conduct of the convict to be satisfactory in jail and there is no particular complaint as against the petitioner who has already served imprisonment for a period of 2 years 8 months 29 days. 6. In the above circumstances, it is very clear that there no particular reason to deprive the convict of general parole, when there is a clear and categorical reason made out of the convict’s sons illness requiring medical treatment which aspect has not been considered by the respondents in the order dated 26.09.2025 rejecting the parole application. 7. In the above circumstances, I pass the following; ORDER i. The writ petition is allowed. ii. Respondent No.3-the Superintendent of Police, Bengaluru District, Bengaluru is directed to release the Sri.Shrinivas.V (CTP No.754) on general parole for a period of 60 days - 5 - HC-KAR NC: 2025:KHC:41205 WP No. 31086 of 2025 commencing from 18.10.2025 subject to the following conditions. A. The prisoner Sri.Shrinivas.V, (CTP No.754) 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 Sri.Shrinivas.V, (CTP No.754) would evade going back to the gaol, after the expiry of the period of general parole. B. Respondent No.1 shall stipulate strict conditions as are usually stipulated to ensure return of the detenue to the gaol and that he shall not commit any other offence during then period of parole. - 6 - HC-KAR NC: 2025:KHC:41205 WP No. 31086 of 2025 iii. The Registry is directed to communicate the order to the prison authorities for its immediate execution. iv. The respondents shall act on the operative portion of the order without insisting on a certified copy of the order. v. Learned AGA is directed to communicate the above order to the respondents for immediate action. vi. Registrar (Judicial) is directed to Communicate the operative portion of the above order to the concerned Authorities by way of email for necessary and immediate action. SD/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 1 Sl No.: 34