Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 90837 (KAR)

MUNIRAJU v. THE STATE OF KARNATAKA

WP/30925/2025 · 2025-11-11

Suraj Govindaraj

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:45808 WP No. 30925 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 30925 OF 2025 (GM-POLICE) BETWEEN: MUNIRAJU S/O NARAYANAPPA, AGED ABOUT 45 YEARS, R/AT NO.34, ARALUR, HSR POST, SARJAPUR MAIN ROAD, BENGALURU – PERMANENTLY R/AT PAKARAHALLI VILLAGE, BANGARPET TALUK, KOLAR DISTRICT - 563 114 NOW IN THE OPEN PRISON, HAVING CTP NO. 1069 DEVANAHALLI, BENGALURU …PETITIONER (BY SRI. K RAVISHANKAR., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPT. BY IS SECRETARY DEPT OF HOME VIDHANA SOUDHA BENGALURU - 560 001 2. THE SUPERINTENDENT, OPEN JAIL, DEVANAHALLI, BENGALURU 562 110 3. THE DIRECTOR GENERAL OF POLICE, AND INSPECTOR GENERAL OF POLICE, KARNATAKA PRISON CORRECTIONAL SERVICES, BENGALURU-560100 Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45808 WP No. 30925 of 2025 4. THE COMMISSIONER OF POLICE BENGALURU CITY, NRUPATHUNGA ROAD, BENGALURU - 560 001 5. THE STATION HOUSE OFFICER BELANDOOR POLICE STATION, NO.37, SARJAPUR - MARATHAHALLI ROAD, AMBLIPUR, BELANDOOR, BENGALURU - 560 102 …RESPONDENTS (BY SMT. K.P. YASHODHA, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI AND QUASH THE IMPUGNED ENDORSEMENT DATED 20/08/2025 BEARING NO. OAJ/J1/421/2025-26 ISSUED BY THE 2ND RESPONDENT(PRODUCED VIDE ANNEXURE -'E') TO THE WRIT PETITION 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 detenue Muniraju (CTP No.1069) has filed the above petition seeking for the following reliefs: a. Issue a writ of certiorari and quash the impugned endorsement dated 20.08.2025 bearing No. OAJ/J1/421/2025-26 issued by the R2 (produced vide Annexure-E) to the writ petition. b. Issue a writ of mandamus directing the R2 and R3 to release the petitioner on parole by granting general - 3 - HC-KAR NC: 2025:KHC:45808 WP No. 30925 of 2025 parole for a period of 90 days as petitioner the Karnataka Prisons and Correctional Service manual 2021 (produced vide Annexure-D) to the writ petition; and c. Issue such other writ, order or direction as deemed fit in the circumstances of the case, in the interest of justice and equity. 2. The detenu had been convicted for offences under Section 302 and 324 of IPC in SC No.147/2016 by a III Additional District and Sessions Court, Kolar and sentenced to the highest sentence being life imprisonment. The detenu has so far been incarcerated for a period of 8 years 4 months 11 days and had been earlier released on multiple occasions on parole. The application which had been filed for parole had been rejected on the ground of adverse police report. 3. A perusal of the adverse police report does not indicate any aspects as regards the petitioner being a fright risk or it being apprehended that the petitioner would cause any harm and injury to the victims or the victims causing any harm and injury to the - 4 - HC-KAR NC: 2025:KHC:45808 WP No. 30925 of 2025 petitioner. The report only indicates the conviction of the petitioner for the offences. In that view of the matter, I pass the following: ORDER i) The Writ Petition is allowed. ii) Respondent No.2 – Superintendent, Open Jail, Devanahalli, Bangalore, is directed to release Muniraju (CTP No.1069) on parole for a period of 60 days commencing from 17.11.2025 or from the date of release, whichever is earlier, subject to the following conditions: a. The convict 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 him 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 shall stipulate strict conditions as are usually stipulated to - 5 - HC-KAR NC: 2025:KHC:45808 WP No. 30925 of 2025 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 PRS List No.: 2 Sl No.: 4