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2025 DAILYLAW 83238 (KAR)

LAKSHMI v. THE STATE OF KARNATAKA

WP/33111/2025 · 2025-11-12

Suraj Govindaraj

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:46064 WP No. 33111 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 33111 OF 2025 (GM-POLICE) BETWEEN: LAKSHMI, W/O C D PRASAD, D/O GOPALAKRISHNA, AGED ABOUT 60 YEARS, R/AT NO. 30-1, RAJ HOMES, TF-2, SNEHA COLONY, CHIKKASANDRA, BENGALURU SOUTH, BENGALURU-560 061. …PETITIONER (BY SRI K RAVISHANKAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPT. BY ITS SECRETARY, DEPT. OF HOME, VIDHANA SOUDHA, BENGALURU-560 001. 2. THE CHIEF SUPERINTENDENT, CENTRAL PRISON, PARAPPANA AGRAHARA, BENGALURU-560 100. 3. THE DIRECTOR GENERAL OF POLICE AND INSPECTOR GENERAL OF POLICE, KARNATAKA PRISON CORRECTIONAL SERVICES, BENGALURU-560 100. …RESPONDENTS (BY SMT. K.P YASHODHA, AGA) Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:46064 WP No. 33111 of 2025 THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-2 AND 3 TO CONSIDER THE REPRESENTATION OF THE PETITIONER DATED 13.10.2025 AND RELEASE THE PETITIONERS BROTHER RAJESH G HAVING CTP NO. 14035 ON PAROLE BY GRANTING GENERAL PAROLE FOR A PERIOD OF 90 DAYS (PRODUCED VIDE ANNEXURE-K) TO THE WRIT PETITION ETC. THIS 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 sister of Rajesh.G. (CTP No.14035) is before this Court seeking for the following reliefs; a. "Issue a writ of mandamus directing the respondent No. 2 and 3 to consider the representation of the petitioner dated 13/10/2025 and release the petitioners brother Rajesh G having CTP No. 14035 on parole by granting general parole for a period of 90 days (produced vide ANNEXURE - 'K') to the writ petition; and b. Issue a writ of mandamus directing the respondent No. 2 and 3 to release the petitioner on parole by granting general parole for a period of 90 days as per the Karnataka Prisons and Correctional Service manual 2021 (produced vide ANNEXURE - 'E') to the writ petition, and c. Issue such other Writ, Order or Direction as deemed fit in the circumstances of the case, in the interest of justice & equity." 2. This Court vide its order dated 19.8.2025 in WP No.11503/2025 had granted parole for a - 3 - HC-KAR NC: 2025:KHC:46064 WP No. 33111 of 2025 period of 30 days. The petitioner is once again before this Court seeking an extension of the said parole on account of certain medical treatment required to be obtained by the detenu in terms of the certificate which has been produced at Annexure-H series. 3. Having gone through the said documents, it is clear that the petitioner is suffering from Asymmetrical Disc Bulge and Disc Protrusion requiring medical attention. 4. In that view of the matter, for the purpose of obtaining such medical attention, the petition is allowed and, I pass the following; ORDER i. The writ petition is allowed. ii. Respondent No.2-Chief Superintendent, Central Prison, Parappana Agrahara, Bengaluru, is directed to release Rajesh.G. (CTP No.14035) on parole for a period of 60 days commencing from 17.11.2025, subject to the following conditions. - 4 - HC-KAR NC: 2025:KHC:46064 WP No. 33111 of 2025 a) The prisoner (CTP No.14035) 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 (CTP No.14035) would evade going back to the gaol, after the expiry of the period of emergency parole. b) Respondent No.1-State of Karnataka 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 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.: 1 Sl No.: 20