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2025 DAILYLAW 82378 (KAR)

DARSHAN KUMAR v. STATE OF KARNATAKA

WP/35879/2024 · 2025-12-15

Suraj Govindaraj

Transfer Petitionbody2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:53296 WP No. 35879 of 2024 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. 35879 OF 2024 (GM-POLICE) BETWEEN: DARSHAN KUMAR C/O B . K. RAJU AGED ABOUT 21 YEARS, R/A BARASIDLAHALLI AT POST, KANDIKERE HOBLI , CHIKKANAYAKANAHALLI TALUK BARASIDLHALLI, TUMAKURU KARNATAKA - 572214 …PETITIONER (BY SMT. RAKSHITH R.,ADVOCATE) AND: 1. STATE OF KARNATAKA BY THE SECRETARY OF HOME DEPARTMENT, VIDHANA SOUDHA BENGALURU - 560001 2. CHIEF SUPERINTENDENT OF POLICE CENTRAL PRISON PARAPANA AGRAHARA BANGALORE - 560100 REP BY AG …RESPONDENTS (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, DIRECTION OR ORDER IN THE NATURE OF WRIT OF CERTIORARI AND QUASH THE ORDER OF RESPONDENT. NO.2 DATED 05.12.2024 Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:53296 WP No. 35879 of 2024 BEARING NO. CBP/CTP-SEC/13985/2024 AT ANNEXURE A AND ALLOW THE APPLICATION FILED BY PETITIONERS FATHER TO RELEASE HIM ON PAROLE AND ETC. THIS WRIT 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 petitioner-son of the detenu-Bootharaju [CTP No.11648] is before this Court seeking for the following reliefs; a. Issue a writ, direction or order in the nature of Certiorari and quash the order of Respondent No.2 dated 05.12.2024 bearing No. CBP/CTP- Sec/13985/2024 at Annexure-A and allow the application filed by the petitioner’s father to release him on parole. b. Any other order that this Hon’ble Court deems fit in the interests of justice, equity and good conscience. 2. The detenu had been convicted in S.C.No.10011/2017 for offences under Section 498-A and 302 of IPC by the V Additional District and Sessions Judge, Tiptur and sentenced on 7.11.2019 with the highest of the sentence being imprisonment for life. The detenu has served a period of 8 years 2 - 3 - HC-KAR NC: 2025:KHC:53296 WP No. 35879 of 2024 days of imprisonment as on 17.12.2024 and his conduct in jail is said to be satisfactory. The detenu having made an application for parole, same came to be rejected on account of one other criminal proceedings in S.C. No.10004/2019 pending before V Addl. District and Sessions Court, Tumkuru sitting at Tiptur for offences punishable under Section 143, 147, 148, 323, 324, 307, 353, 332, 436, 504, 506, 228 and 149 of IPC. 3. Submission of learned counsel for the petitioner is that in those proceedings, the petitioner has already been granted bail vide order dated 7.09.2018 and apart therefrom, there is no other proceedings which is pending against the detenu and if parole is granted to the detenu, the detenu would comply with all directions and conditions that may be imposed. 4. Considering that the petitioner has been incarcerated for a period of 8 years 1 month 13 days during which time there is not parole which has been granted to - 4 - HC-KAR NC: 2025:KHC:53296 WP No. 35879 of 2024 the detenu petitioner and now parole is sought for on account of carrying out house repair and engagement of brother of the detenu, in my considered opinion parole can be granted for short period. Hence, I pass the following: ORDER i) The Writ Petition is allowed. ii) Respondent–Chief Superintendent, Central Prison, Bangalore, is directed to release the detenu- Bootharaju [CTP No.11648] on parole for a period of 30 days commencing from 22.12.2025, subject to the following conditions: a) The prisoner- Bootharaju [CTP No.11648] 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 - 5 - HC-KAR NC: 2025:KHC:53296 WP No. 35879 of 2024 back to the gaol, after the expiry of the period of parole. 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 LN List No.: 2 Sl No.: 8