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High Court of Karnataka · body

2025 DAILYLAW 81519 (KAR)

MANJUNATHA v. STATE OF KARNATAKA

WP/31663/2025 · 2025-12-15

Suraj Govindaraj

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:53275 WP No. 31663 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. 31663 OF 2025 (GM-POLICE) BETWEEN: MANJUNATHA S/O LATE CHIKKANARAYANAPPA AGED ABOUT 45 YEARS R/AT NO. 12TH WARD, ROJIPURA COLONY DODDABALLAPURA TOWN BANGALORE RURAL DISTRICT 561203. REP. BY HIS WIFE MANJULA W/O MANJUNATHA AGED ABOUT 40 YEARS R/AT NO. 401, 10TH WARD VEERABHADRA PALYA, DODDABALLAPURA BENGALORE RURAL DISTRICT 561203. …PETITIONER (BY SRI. VINAYA B R., ADVOCATE) AND: 1. STATE OF KARNATAKA BY DODDABALLAPURA WOMEN POLICE STATION BANGALORE 560106. REP BY LEARNED GOVERNMENT ADVOCATE HIGH COURT OF KARNATAKA BANGALORE 560001. 2. ADDITIONAL CHIEF SECRETARY DEPARTMENT OF HOME AND PRISON VIDHANA SOUDHA, BANGALORE 560001. REP BY LEARNED GOVERNMENT ADVOCATE HIGH COURT OF KARNATAKA BANGALORE 560001. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:53275 WP No. 31663 of 2025 3. DIRECTOR GENERAL OF POLICE AND INSPECTOR GENERAL OF PRISON AND CORRECTIONAL SERVICES NO 4 SESHADRI ROAD BANGALORE 560009. REP BY LEARNED GOVERNMENT ADVOCATE HIGH COURT OF KARNATAKA BANGALORE 560001. 4. CHIEF SUPERINTENDENT CENTRAL PRISON, PARAPPANAAGRAHARA BANGALORE 560100. REP BY LEARNED GOVERNMENT ADVOCATE HIGH COURT OF KARNATAKA BANGALORE 560001. …RESPONDENTS (BY SMT.K P YASHODHA, AGA FOR RESPONDENTS) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR A WRIT OR ORDER OR DIRECTION OF APPROPRIATE IN NATURE IN QUASHING THE ENDORSEMENT DATED 02.08.2025 IN BCP/CTP-SEC/8036/2025 PER ANNEXURE-A AS ILLEGAL, ARBITRARY AND OPPRESSIVE2. TO ISSUE A WRIT OF MANDAMUS OR A WRIT OR DIRECTION OF APPROPRIATE IN NATURE DIRECTING THE RESPONDENTS TO GRANT 3 MONTHS EMERGENCY PAROLE TO HIM, ON SUCH TERMS AND CONDITIONS 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. The wife of the Manjunatha (CTP No.13760) is before this Court seeking for the following reliefs: 1. Issue a writ of certiorari or a writ or order or direction of appropriate in nature in quashing the Endorsement dated 02.08.2025 in BCP/CTP- Sec/8036/2025 as per ANNEXURE-'A' as illegal, arbitrary and oppressive. 2. To issue a writ of mandamus or a writ or direction of appropriate in nature directing the respondents - 3 - HC-KAR NC: 2025:KHC:53275 WP No. 31663 of 2025 to grant 3 months emergency Parole to him, on such terms and conditions, and 3. To issue a writ or order or direction of appropriate in nature granting such other relief or reliefs as this Hon'ble Court deems fit, to grant in the ends of Justice. 2. The detenu had been convicted in Spl.C.No.493/2021 for offences under Section 6 of the POCSO Act by the Additional District and Sessions Judge (FTSC-I), Bengaluru Rural District, Bengaluru and sentenced on 25.07.2023 with the highest of the sentence being imprisonment for life. The detenu has served a period of 04 years 16 days of imprisonment as on 16.08.2025 and his conduct in jail is said to be satisfactory. 3. The detenu had once earlier been released on Court parole for a period of 01 month 15 days during which time there is no complaint against the detenu. The petitioner having applied for parole on account of son-in-law of the detenu is unwell and on account of the expiry of the brother of the detenu. However, the application came to be rejected on account of - 4 - HC-KAR NC: 2025:KHC:53275 WP No. 31663 of 2025 adverse police report contending that the reason of son-in-law being unwell was not proper. 4. Considering that the detenu had been released on Court parole on one earlier occasion for a period of 45 days, during which time there is no complaint and also taking into account during the incarceration of the detenu, there is no complaint against the detenu and his conduct has been satisfied. 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- Manjunatha (CTP No.13760) on parole for a period of 60 days commencing from 22.12.2025, subject to the following conditions: A. The prisoner- CTP No.13760 shall mark his attendance in the jurisdictional Police Station, weekly once throughout the period - 5 - HC-KAR NC: 2025:KHC:53275 WP No. 31663 of 2025 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.2 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 SR List No.: 2 Sl No.: 22