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2025 DAILYLAW 83914 (KAR)

LEELAVATHI v. STATE OF KARNATAKA

WP/32866/2025 · 2025-12-01

Suraj Govindaraj

Transfer Petitionbody2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:50014 WP No. 32866 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 32866 OF 2025 (GM-POLICE) BETWEEN: 1. LEELAVATHI W/O SHIVANNA AGED ABOUT 56 YEARS MOTHER OF H S ANAND CTP 00967 R/A NO. 4424, WARD 27 VALLABAI ROAD, 2ND CROSS HASSAN KARNATAKA 573201. …PETITIONER (BY SRI. SIRAJUDDIN AHMED., ADVOCATE) AND: 1. STATE OF KARNATAKA HOME DEPARTMENT THROUGH PRINCIPAL SECRETARY VIDHANA SOUDHA BENGALURU 560001. 2. CHIEF SUPERINTEDENT CENTRAL PRISON MYSURU 570007 …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 DIRECT THE RESPONDENT NO.2 TO RELEASE THE CONVICT H.S ANAND CTP- 00967 ON GENERAL PAROLE FOR A PERIOD OF 90 DAYS IN ORDER TO LOOK AFTER HIS AILING MOTHER WHO IS SUFFERING FROM VARIOUS MEDICAL ELEMENTS 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 Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:50014 WP No. 32866 of 2025 ORAL ORDER 1. The mother of the detenu – H.S.Anand – CTP No.00967 is before this Court seeking for the following reliefs: a. Direct the Respondent No.2 to release the convict H.S ANAND CTP-00967 on general parole for a period of 90 days in order to look after his ailing Mother who is suffering from various medical elements. In the interest of justice. b. Pass any other order(s) which this court may deem fit and proper under the facts and circumstances of the case, in the interest of justice 2. The detenu was convicted for the offence punishable under Section 302, 201, 498(A) of IPC in S.C.No.87/2023 by the 4th Additional District and Sessions Court, Hassan [sitting at Channarayapatna Rural PS] and on 30.03.2024, the detenu was convicted for life imprisonment. As on 7.10.2025, the detenu has been incarcerated for 2 years 10 months 1 day. 3. An application had been made by the detenu for grant of parole on account of his mother suffering from severe back pain requiring surgery. The said - 3 - HC-KAR NC: 2025:KHC:50014 WP No. 32866 of 2025 application came to be rejected on the ground of adverse police report. 4. The adverse police report does not indicate any particular reason for such rejection except referring to the earlier offence committed by the petitioner and the conviction made thereof of the detenu. As such, I pass the following: ORDER i) The Writ Petition is allowed. ii) Respondent No.2 is directed to release detenu – H.S.Anand – CTP 00967 on parole for a period of 90 days commencing from 10.12.2025, subject to the following conditions. a) The prisoner (CTP 00967) 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 - 4 - HC-KAR NC: 2025:KHC:50014 WP No. 32866 of 2025 would evade going back to the gaol, after the expiry of the period of parole. 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 PRS List No.: 2 Sl No.: 47