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High Court of Karnataka · body

2025 DAILYLAW 86617 (KAR)

MRS. S LAKSHMI v. THE STATE OF KARNATAKA,

WP/10959/2025 · 2025-12-15

Suraj Govindaraj

Transfer Petitionbody2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:53295 WP No. 10959 of 2025 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. 10959 OF 2025 (GM-POLICE) BETWEEN: MRS. S LAKSHMI AGED ABOUT 37 YEARS, W/O. SRINIVAS, CURRENTLY RESIDING AT NO. 445, 15TH CROSS, K.B. COLONY ERANNA GUDDE, BANASHANKARI III STAGE, BANGALORE SOUTH, BANGALORE, KARNATAKA 560 085 …PETITIONER (BY SRI. RENSPRE PRITHESH D’SOUZA.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY ITS ADDITIONAL CHIEF SECRETARY, DEPARTMENT OF HOME AND PRISON, VIDHANA SOUDHA, BENGALURU 560 001 2. CHIEF SUPERINTENDENT, CENTRAL PRISON, PARAPPANA AGRAHARA, BENGALURU 560 100. 3. DIRECTOR GENERAL OF POLICE AND INSPECTOR, GENERAL OF PRISON AND CORRECTIONAL SERVICES, NO.04, SESHADRI ROAD, BENGALURU 560 009 …RESPONDENTS (BY SMT. K.P. YASHODHA., AGA) Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:53295 WP No. 10959 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE PAROLE REJECTION ENDORSEMENT DTD. 04.01.2025 BEARING REFERENCE NO. CPB/CTP-SEC/17525/2024 VIDE ANNX-A AND CONSEQUENTLY 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-mother of the detenu-Srinivas [CTP No.13380] is before this Court seeking for the following reliefs: a. Set aside the Parole rejection endorsement dated 04.01.2025 bearing reference No. CPB/CTP- Sec/17525/2024 vide Annexure-A and consequently. b. Pass an order / Direction by nature of writ of mandamus to the Respondent No.02, to release this petitioner husband CTP No.13380 on Parole for the period of 90 days. c. Also grant any additional order/direction that this Hon’ble Court may deem fit to grant under the facts and circumstances in the interest of justice and equity. 2. The detenu had been convicted in S.C.No.590/2020 for offences under Section 506, 376(2)(1) of IPC by the Additional City Civil and Sessions Judge, FTSC-3, - 3 - HC-KAR NC: 2025:KHC:53295 WP No. 10959 of 2025 Bangalore and sentenced on 10.02.2023 with the highest of the sentence being imprisonment for life. The detenu has served a period of 4 years 1 month 27 days of imprisonment as on 21.12.2024 and his conduct in jail is said to be satisfactory. The petitioner having made an application for parole, the same came to be rejected on account of another pending case in Crime No.380/2022 for offences under Section 354A, 354D, 195A, 506 and 341 of IPC and Section 12, 11 (iv), 11(iii) of POCSO Act. In that background the petitioner is before this Court seeking for the aforesaid reliefs. 3. Submission of learned counsel for the petitioner is that in Crime No.380/2022, the detenu had been granted bail and there is no complaint against the detenu insofar as incarceration in the present matter is concerned. 4. on enquiry with the learned AGA, if there is any apprehension as regards the detenu being a threat to - 4 - HC-KAR NC: 2025:KHC:53295 WP No. 10959 of 2025 the victim as regards the offences for which the detenu has been convicted, on instructions, she submits that there is no threat perception. In that view of the matter, I pass the following: ORDER i) The Writ Petition is allowed. ii) Respondent–Chief Superintendent, Central Prison, Bangalore, is directed to release the detenu- Srinivas [CTP No.13380] on parole for a period of 30 days commencing from 22.12.2025, subject to the following conditions: a) The prisoner- Srinivas [CTP No.13380] 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:53295 WP No. 10959 of 2025 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.: 12