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High Court of Karnataka · body

2025 DAILYLAW 80884 (KAR)

MRS. JAREENA TAJ v. STATE OF KARNATAKA

WP/37402/2025 · 2025-12-15

Suraj Govindaraj

Transfer Petitionbody2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:53486 WP No. 37402 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 37402 OF 2025 (GM-POLICE) BETWEEN: MRS. JAREENA TAJ W/O. SYED NAZIR, AGED ABOUT 43 YEARS, R/AT- KANADAVARA WARD NO. 14, CHIKKABALLAPURA, KARNATAKA -562 101 (WIFE OF SYED NAZIR, S/O. SYED GHOUSE, HAVING CTP NO.11357 NOW IN CUSTODY CENTRAL PRISON, BENGALURU) …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 CQQ5 RPH, MARIMAKALAHALLI, KARNATAKA 562 101 …RESPONDENTS Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:53486 WP No. 37402 of 2025 (BY SMT. K.P. YASHODHA, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS BY DIRECTING THE R2/ CENTRAL PRISON, BANGALORE TO RELEASE THE PETITIONERS HUSBAND ON GENERAL PAROLE FOR A PERIOD OF 90 DAYS AND PRISONER CTP NO. 11357 CONVICTED BY THE JUDGEMENT AND ORDER DATED 29/06/2019 IN SC NO. 70/2013 AS PER THE ANNX-A FOR THE OFFENCES PUNISHABLE U/S 302, 504, 506 OF IPC 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 wife of detenu – Syed Nazir – CTP No.11357 is before this Court seeking for the following reliefs: a. Issue a writ of mandamus by directing the R2/Central Prison, Bangalore, to release the petitioners Husband on General Parole for a period of 90 days and prisoner CTP No. 11357 convicted by the judgment and order dated 29.06.2019 In SC No.70/2013 as per the Annexure-A for the offences punishable under Section 302, 504, 506 of IPC, in the interest of justice and equity. b. Issue such other suitable orders or directions as this Hon’ble Court deems fit and proper in the nature and circumstances of the case, in the interest of justice and equity. 2. The detenu had been convicted in S.C.No.70/2013 for offence punishable under Section 302 of IPC by the III Additional District and Sessions Judge, - 3 - HC-KAR NC: 2025:KHC:53486 WP No. 37402 of 2025 Chikkaballapura and sentenced on 29.06.2019, the highest of the sentence being imprisonment for life. 3. An application having been made by the detenu for release on parole on account of house repair, the said application was not considered and no order has been passed on the said application. It is in that background petitioner is before this Court. 4. Considering that the detenu has been incarcerated for a period of 6 years, 1 month, 2 days as on 16.04.2025 and had earlier been granted general parole on one occasion and emergency parole on another occasion totalling to 3 months 12 days, during which time, there is no complaint against the detenu and the detenu has surrendered to the authorities without any complaint, I am of the considered opinion that the application filed by the detenu is required to be allowed and detenu can be - 4 - HC-KAR NC: 2025:KHC:53486 WP No. 37402 of 2025 released on parole for a period of 90 days. As such, I pass the following: ORDER i) The Writ Petition is allowed. ii) Respondent–Chief Superintendent, Central Prison, Bangalore, is directed to release the detenu – Syed Nazir – CTP No.11357 on parole for a period of 90 days commencing from 22.12.2025, subject to the following conditions: a) The prisoner – Syed Nazir – CTP No.11357 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. - 5 - HC-KAR NC: 2025:KHC:53486 WP No. 37402 of 2025 b) Respondent No.1- State of Karnataka 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. iii) 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.: 61