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2025 DAILYLAW 87593 (KAR)

SMT S G ASHA v. STATE OF KARNATAKA

WP/34891/2025 · 2025-12-15

Suraj Govindaraj

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:53272 WP No. 34891 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. 34891 OF 2025 (GM-POLICE) BETWEEN: SMT S G ASHA W/O MANJASHETTI AGED 27 YEARS R/AT # 86 CHANNARAYAPATTANA Y SINGENAHALLI, HASSAN-573111 …PETITIONER (BY SRI. VIJAYA PRASSAD., ADVOCATE) AND: 1. STATE OF KARNATAKA REP BY ITS SECRETARY DEPARTMENT OF HOME VIDHANA SOUDHA BENGALURU - 560 001. 2. THE DIRECTOR GENERAL OF POLICE PRISONS AND CORRECTIONAL SERVICES NO. 9 SHESHADRI ROAD GANDHI NAGAR, BENGALURU-560 009. 3. THE CHIEF SUPERINTENDENT CENTRAL PRISON, ASHOKA ROAD NEAR FOUNTAIN CIRCLE MYSURU - 570 007 …RESPONDENTS (BY SMT. K P YASHODHA, AGA FOR RESPONDENT) 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 MANDAMUS TO THE RESPONDENTS, TO GRANT PAROLE OF 90 DAYS TO THE CONVICT, SRL. MANJASHETTI AT DWARAKI AT RAHULA S/O NAGARAJU @ BOREVEL NAGARAJU (CTP NO. 01043) AND ETC. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:53272 WP No. 34891 of 2025 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 ORAL ORDER 1. The wife of Manjashetti @ Dwaraki @ Rahula (CTP No.01043) is before this Court seeking for the following reliefs: (a) Issue a writ order or direction in the nature of mandamus to the respondents, to grant parole of 90 days to the convict, Sri. Manjashetti @ Dwaraki @ Rahula s/o Nagaraju at borevel Nagaraju (ctp no. 01043) (b) Pass such other orders/ directions considering the facts and circumstances of the case, together with costs, in the interest of justice. 2. The detenu had been convicted in S.C.No.18/2021 for offences under Section 449 R/w 149 R/w 120-B, 458 R/w 149 R/w 120-B, 396 R/w 149 R/w 120-B, 302 R/w 149 R/w 120-B of IPC by the IV Additional District and Sessions Judge, Hassan (siting at Channarayapatna) and sentenced on 15.07.2024 with the highest of the sentence being imprisonment for life. The detenu has served a period of 04 years 10 months 10 days of imprisonment as on - 3 - HC-KAR NC: 2025:KHC:53272 WP No. 34891 of 2025 14.10.2025 and his conduct in jail is said to be satisfactory. The petitioner having made an application for parole for asserting congenital rights having been filed, the same came to be rejected on account of adverse report having been received from the police. 3. A perusal of the police report indicates that it deals with the conviction of the detenu and does not cover any issue as regards the petitioner being a flight risk and/or could cause any harm or injury to the victim or victim causing any harm to the detenu. 4. The detenu had been released on parole on one earlier occasion for 90 days during which time there is no complaint against the detenu. The detenu had served in all 04 years 10 months 10 days incarceration. 5. In that view of the matter, taking into consideration the conduct of the detenu has been satisfactory while - 4 - HC-KAR NC: 2025:KHC:53272 WP No. 34891 of 2025 incarcerated, there being no particular complaint against the detenu, I pass the following: ORDER i. The Writ Petition is allowed. ii. Respondent No.3–Chief Superintendent, Central Prison, Mysuru, is directed to release the detenu-Manjashetti @ Dwaraki @ Rahula (CTP No.01043) on parole for a period of 60 days commencing from 22.12.2025, subject to the following conditions: A. The prisoner-(CTP No.01043) 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:53272 WP No. 34891 of 2025 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 SR List No.: 2 Sl No.: 30