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2025 DAILYLAW 89981 (KAR)

SRI. MOHAMMED PEER @ MUNNA v. THE CHIEF SUPERINTENDENT

WP/37657/2025 · 2025-12-15

Suraj Govindaraj

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:53201 WP No. 37657 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. 37657 OF 2025 (GM-POLICE) BETWEEN: SRI. MOHAMMED PEER @ MUNNA S/O MOHAMMED GHOUSE, AGED ABOUD 43 YEARS RESIDENT OF HARANGI DAM VILLAGE AND POST, SOMAWARPETE TALUQA KODAGU DISTRICT-571234 SINCE THE PETITIONER IS IN JUDICIAL CUSTODY SERVING LIFE IMPRISONMENT IN CENTRAL PRISON BENGALURU CTP NO. 8176 REPRESENTED BY HIS WIFE SMT. RIYANA BEGUM …PETITIONER (BY SRI. PRADEEP PATIL.,ADVOCATE) AND: 1. THE CHIEF SUPERINTENDENT CENTRAL PRISON, PARAPPANA AGRAHARA BENGALURU-560100 2. THE DIRECTOR GENERAL OF POLICE PRISONS AND CORRECTIONAL SERVICES NO. 4, SHESHADRI ROAD BENGALURU-560009 3. THE SUPERINTENDENT OF POLICE KODAGU DISTRICT MADIKERI-571201 …RESPONDENTS (BY SMT. K.P. YASHODHA., AGA) Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:53201 WP No. 37657 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 MANDAMUS TO RESPONDENTS TO EXTENT THE GENERAL PAROLE FOR A PERIOD OF 60 DAYS SO AS TO ENABLE HIM TO ATTEND HIS AILING MOTHER 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 petitioner-wife of the detenu-Mohammed Peer @ Munna [CTP No.8176] is before this Court seeking for the following reliefs; a. Issue a writ, order or direction in the nature of mandamus to the respondent to extend the General Parole for a period of 60 days so as to enable him to attend his ailing mother. b. Pass such other order/s direction/s considering the facts and of the case together as to costs in the interest of justice. 2. The detenu had been sentenced in S.C.No.99/2007 by the VII Additional District and Sessions Court, Bengaluru Rural District, for offences punishable under Sections 302, 324, 341, 427 read with Section - 3 - HC-KAR NC: 2025:KHC:53201 WP No. 37657 of 2025 34 of the IPC, with the maximum punishment being life imprisonment. 3. This Court had vide order dated 14.10.2025 in W.P. No.30955/2025 granted parole for 30 days to the detenu, thereafter the detenu surrendered to the police authorities and during that time, there is no complaint against the detenu. In that view of the matter, I am of the considered opinion that the detenu being entitled for 90 days parole in a calendar year, the request made by the petitioner can be accepted. As such, I pass the following: ORDER i) The Writ Petition is allowed. ii) Respondent–Chief Superintendent, Central Prison, Bangalore, is directed to release the detenu-Mohammed Peer @ Munna [CTP No.8176] on parole for a period of 60 days commencing from 22.12.2025 or from the date of release, whichever is later [depending on the furnishing of surety], subject to the following conditions: a) The prisoner- Mohammed Peer @ Munna [CTP No.8176] shall mark his attendance - 4 - HC-KAR NC: 2025:KHC:53201 WP No. 37657 of 2025 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. 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.: 6