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High Court of Karnataka · body

2025 DAILYLAW 86087 (KAR)

MAHESH M S v. THE CHIEF SUPERINTENDENT

WP/33710/2025 · 2025-11-11

Suraj Govindaraj

Transfer Petitionbody2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:45807 WP No. 33710 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. 33710 OF 2025 (GM-POLICE) BETWEEN: 1. MAHESH M S S/O SANNAKAMAIAH M, AGED 36 YEARS, R/AT MARULAPPANAHALLI, SIRA TALUK, TUMAKURU -572137 PRESENTLY SERVING SENTENCE IN BENGALURU CENTRAL PRISON (CTP NO.14646) 2. RAVISH M S @ RAVI, S/O SANNAKAMAIAH M, AGED 32 YEARS, R/AT MARULAPPANAHALLI, SIRA TALUK, TUMAKURU-572137 PRESENTLY SERVING SENTENCE, IN BENGALURU CENTRAL PRISON (CTP NO. 14647) …PETITIONERS (BY SRI. PRADEEP PATIL., ADVOCATE) AND: 1. THE CHIEF SUPERINTENDENT CENTRAL PRISON, BENGALURU-577222 2. THE DIRECTOR GENERAL OF POLICE, PRISONS AND CORRECTIONAL SERVICES, SESHADRI ROAD BENGALURU-560 003. …RESPONDENTS (BY SMT. K.P. YASHODHA., AGA) Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45807 WP No. 33710 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT ORDER OR DIRECTION IN THE NATURE OF CERTIORARI TO QUASH THE ENDORSEMENTS BEARING NO. CPB/CTP-SEC/13056/2025 DTD. 05.10.2025 PRODUCED AS ANNX-E AND BEARING NO. CPB/CTP- SEC/13055/2025 DTD. 05.10.2025 PRODUCED AS ANNX-F ISSUED BY THE R-1 AND ETC. THIS WRIT 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 father of the petitioners-Mahesh M.S. (CTP No.14646) and Ravish M.S. @ Ravi (CTP No.14647) is before this Court seeking for the following reliefs: a) Issue a writ order or direction in the nature of certiorari to quash the endorsements bearing No. CPB/CTP-Sec/13056/2025 dated 05.10.2025 produced as Annexure-E and bearing No. CPB/CTP-Sec/13055/2025 dated 05.10.2025 produced as Annexure-F issued by the R1. b) Issue a writ order or direction in the nature of mandamus to the respondents to grant of General Parole for a period of 90 days to the petitioner. c) Pass such other orders/directions considering the facts and circumstances of the case together as to costs in the interest of justice. 2. Both the detenus had been convicted in S.C.No.91/2019 for offences under Section 302, - 3 - HC-KAR NC: 2025:KHC:45807 WP No. 33710 of 2025 120B, 201 of IPC by 2nd Additional District and Sessions Judge, Tumkur and sentenced on 08.08.2024 with the highest of the sentence being imprisonment for life. As on 07.10.2025, they have served a period of 6 years 4 months. An application for parole having been made, the said application came to be rejected on the ground that a criminal appeal having been filed challenging the conviction. The said appeal along with bail application being pending, an application for parole cannot be considered. 3. This Court has dealt with similar issue vide its Order dated 30.10.2025 in WP No.16376/2025 and categorically held that pendency of a criminal appeal or pendency of a bail application will not come in the way of a parole application being considered. The said rule would apply on all fours to the present fact. 4. A perusal of the documents produced including the incarceration certificate would indicate that there are - 4 - HC-KAR NC: 2025:KHC:45807 WP No. 33710 of 2025 no complaints against the detenus and both the detenus had earlier been granted parole. Hence, I pass the following: ORDER i) The Writ Petition is allowed. ii) Respondent No.1–Chief Superintendent, Central Prison, Bangalore, is directed to release Mahesh M.S. (CTP No.14646) and Ravish M.S. @ Ravi (CTP No.14647) 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 prisoners shall mark their attendance in the jurisdictional Police Station, weekly once throughout the period of their parole and it would be the responsibility of the jurisdictional Police to take them to gaol, in the event, the prisoners would evade going - 5 - HC-KAR NC: 2025:KHC:45807 WP No. 33710 of 2025 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 detenus to the gaol and that they 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.: 3