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High Court of Karnataka · body

2025 DAILYLAW 88232 (KAR)

RAMESHA v. THE CHIEF SUPERINTENDENT

WP/36168/2025 · 2025-12-15

Suraj Govindaraj

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:53379 WP No. 36168 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. 36168 OF 2025 (GM-POLICE) BETWEEN: 1. RAMESHA S/O LINGASHETTAR, AGED ABOUT 56 YEARS, PRESENTLY SERVING SENTENCE IN CENTRAL PRISON, MYSORE (CTP NO.00427) 2. ALAMELAMMA, W/O RAMESHA, AGED 56 YEARS, PRESENTLY SERVING SENTENCE IN CENTRAL PRISON, MYSORE (CTP NO.00428) BOTH THE PETITIONERS ARE PERMANENT R/AT HOSADADA HALLI VILLAGE, AKKI HEBBALU HOBLI, K R PETE TALUK, MANDYA DISTRICT-571426 SINCE BOTH THE PETITIONER ARE IN JUDICIAL CUSTODY REPRESENTED BY THEIR SON NAMELY, SRI D R CHANDRA SHEKAR, S/O RAMESH, AGED ABOUT 43 YEARS, R/AT NO 9, 1ST FLOOR, TC PALYA, KR PURAM, BENGALURU-560036 …PETITIONERS (BY SRI. PRADEEP PATIL, ADVOCATE) AND: 1. THE CHIEF SUPERINTENDENT CENTRAL PRISON, MYSORE-570007 Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:53379 WP No. 36168 of 2025 2. THE DIRECTOR GENERAL OF POLICE PRISONS AND CORRECTIONAL SERVICES SESHADRI ROAD, BENGALURU-560 003. 3. THE COMMISSIONER OF POLICE BENGALURU CITY, BENGALURU-560001 …RESPONDENTS (BY SMT.K.P.YASHODHA, AGA) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO 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 PETITIONERS. 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 son of the detenu-Ramesh-CTP No.00427 and detenu-Alamelamma-CTP.No.00428, 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 of general parole for a period of 90 days to the petitioners. b. Pass such other order/s 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.5005/2013 for the offences punishable under Sections 498A, 304B R/w 34 of IPC and Sections 3, 4 and 6 of the Dowry Prohibition Act, 1961 by the III Additional - 3 - HC-KAR NC: 2025:KHC:53379 WP No. 36168 of 2025 District and Sessions Judge, Mandya (sitting at Srirangapattana) and sentenced on 27.12.2021 with the highest of the sentence being imprisonment for life. The detenu have served a period of 3 years 7 months 20 days of imprisonment as on 04.11.2025 and his conduct in jail is said to be satisfactory. The son of the detenu having made an application for parole on the ground that the detenu are required for carry out the agriculture activities, the same came to be rejected on account of adverse report having received by 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 detenu is at flight risk and/or could cause any harm or injury to the victim/s or victim/s causing any harm to the detenu. In that view of the matter, taking into consideration that the conduct of the detenu have been satisfactory while - 4 - HC-KAR NC: 2025:KHC:53379 WP No. 36168 of 2025 incarcerated, there is no particular complaint against the detenu, I pass the following: ORDER i) The Writ Petition is allowed. ii) Respondent–Chief Superintendent, Central Prison, Mysore, is directed to release the detenu-Ramesh-CTP No.00427 and detenu- Alamelamma-CTP.No.00428, on parole for a period of 90 days commencing from 22.12.2025, subject to the following conditions: a) The prisoners-Ramesh-CTP No.00427 and Alamelamma-CTP.No.00428, 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:53379 WP No. 36168 of 2025 b) Respondents 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.: 52