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2025 DAILYLAW 83477 (KAR)

SHOBHA M v. STATE OF KARNATAKA

WP/10102/2025 · 2025-11-11

Suraj Govindaraj

Transfer Petitionbody2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:45908 WP No. 10102 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 10102 OF 2025 (GM-POLICE) BETWEEN: SHOBHA M, W/O RAJASHEKAR.V, AGED ABOUT 44 YEARS, R/A KURUBARAPETE, HOSKOTE, BANGALORE RURAL, KARNATAKA-562114 …PETITIONER (BY SRI RAKSHITH R, ADVOCATE) AND: 1. STATE OF KARNATAKA, BY THE SECRETARY OF HOME DEPARTMENT, VIDHANA SOUDHA, BENGALORE 560 001. 2. CHIEF SUPERINTENDENT OF POLICE, CENTRAL PRISON, PARAPANA AGRAHARA, BANGALORE- 560 100 REP. BY AG. …RESPONDENTS (BY SMT. K P YASHODHA, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT ISSUED BY R-2 BEARING NO. CPB/CTP-SEC/19734/2025 DATED 04.02.2025 AT ANNEXURE-A AND ALLOW THE APPLICATION FILED BY PETITIONER'S HUSBAND TO RELEASE HIM ON PAROLE. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45908 WP No. 10102 of 2025 CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The Petitioner, the wife of the detenu-Reajashekar- CTP.No.11025, is before this Court seeking for the following reliefs; a. "Issue a writ, direction or order in the nature of Writ of Certiorari and quash the endorsement issued by Respondent No.2 bearing No. CPB/CTP- Sec/19734/2025 dated 04.02.2025 at Annexure-A and allow the application filed by petitioner's husband to release him on parole. b. Any other order that this Honorable court deems fit in the interests of justice, equity and good conscience." 2. The detenu had been convicted in S.C.No.15003/2017 for the offences punishable under Sections 302 of IPC by the V Additional District and Sessions Judge, Devanahalli and sentenced on 14.02.2019 with the highest of the sentence being imprisonment for life. The detenu has served a period of 6 years 9 months 14 days of imprisonment as on 20.01.2025. The detenu had earlier been granted general parole on two occasions and emergency - 3 - HC-KAR NC: 2025:KHC:45908 WP No. 10102 of 2025 parole on two occasions, cumulatively amounting to 5 months 26 days, during which there is no particular complaint which has been made against the Petitioner. The Petitioner having made an application for grant of parole for carrying out repair work of his house. The said application was not considered and the same came to be rejected on the grounds that no such repair work is required to be carried out. 3. The Petitioner has filed a memo enclosing the photographs indicating the status of the house, which indicates that the house is dilapidated and requires immediate attention. 4. In that view of the matter, taking into consideration the detenu had been released on parole on two earlier occasions for a period of 5 months 26 days, during which time, there is no particular complaint against the detenu and the conduct of the detenu has been satisfactory while incarcerated, I pass the following: - 4 - HC-KAR NC: 2025:KHC:45908 WP No. 10102 of 2025 ORDER i) The Writ Petition is allowed. ii) Respondent–Chief Superintendent, Central Prison, Bangalore, is directed to release the detenu-Reajashekar-CTP.No.11025, on parole for a period of 60 days commencing from 17.11.2025 or from the date of release, whichever is earlier, subject to the following conditions: a) The prisoner-Reajashekar-CTP.No.11025, 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:45908 WP No. 10102 of 2025 b) Respondent No.1 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 KTY List No.: 2 Sl No.: 51