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High Court of Karnataka · body

2025 DAILYLAW 90524 (KAR)

RAJASHEKAR v. THE CHIEF SUPERINTENDENT

WP/36154/2025 · 2025-12-15

Suraj Govindaraj

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:53380 WP No. 36154 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. 36154 OF 2025 (GM-POLICE) BETWEEN: RAJASHEKAR S/O KADARAPPA, AGED ABOUT 50 YEARS, R/AT JALAHALLI VILLAGE, SASALU HOBLI, DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT- 561203 THE PETITIONER IS THE BROTHER OF CONVICT PRISONER NO 10042 VENKATESH WHO IS SERVING SENTENCE IN BENGALURU CENTRAL PRISON …PETITIONER (BY SRI. PRADEEP PATIL, ADVOCATE) AND: 1. THE CHIEF SUPERINTENDENT CENTRAL PRISON, BENGALURU-560 100 2. THE SUPERINTENDENT OF POLICE BENGALURU DISTRICT, BENGALURU-560001 3. THE DIRECTOR GENERAL OF POLICE PRISONS AND CORRECTIONAL SERVICES SESHADRI ROAD, BENGALURU-560 003. …RESPONDENTS (BY SMT.K.P.YASHODHA, AGA) THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTION IN THE NATURE OF MANDAMUS TO THE RESPONDENTS TO RELEASE THE CONVICT PRISONER NO CONVICT PRISONER NO.10042 VENKATESH S/O KADRAPPA ON GENERAL PAROLE FOR A PERIOD OF 90 DAYS. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:53380 WP No. 36154 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 brother of the detenu-Venkatesh-CTP.No.10042, 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 release the convict prisoner no convict prisoner No.10042 Venkatesh S/o Kadrappa on general parole for a period of 90 days. 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.10018/2014 for offences punishable under Sections 498(A) and 302 of IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961 by the IV Additional District and Sessions Judge, Doddaballapur and sentenced on 05.01.2018 with the highest of the sentence being imprisonment for life. The detenu has served a period of 9 years 11 months 07 days of imprisonment as on 12.09.2025 and his conduct in jail is said to be satisfactory. The - 3 - HC-KAR NC: 2025:KHC:53380 WP No. 36154 of 2025 petitioner having made an application for parole on account of house repair, the same came to be rejected on account of adverse report having 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 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 detenu has served a period of 9 years 11 months 07 days of imprisonment as on 12.09.2025 and having been earlier granted Court parole for a period of two months 28 days, the conduct of the detenu has been satisfactory while incarcerated and there is no particular complaint against the detenu, I pass the following: ORDER i) The Writ Petition is allowed. - 4 - HC-KAR NC: 2025:KHC:53380 WP No. 36154 of 2025 ii) Respondent–Chief Superintendent, Central Prison, Bangalore, is directed to release the detenu-Venkatesh-CTP.No.10042, on parole for a period of 90 days commencing from 22.12.2025, subject to the following conditions: a) The prisoner- Venkatesh-CTP.No.10042, 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. 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. - 5 - HC-KAR NC: 2025:KHC:53380 WP No. 36154 of 2025 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.: 51