Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 91200 (KAR)

BALACHANDRA v. THE CHIEF SUPERINTENDENT

WP/32319/2025 · 2025-11-11

Suraj Govindaraj

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:45862 WP No. 32319 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. 32319 OF 2025 (GM-POLICE) BETWEEN: BALACHANDRA S/O GOVINDAGOWDA AGED 31 YEARS R/AT MARAVAPALLI VILLAGE CHELURU HOBLI, BAGEPALLI TALUK CHIKKABALLAPURA-561 207 PRESENTLY SERVING SENTENCE IN BENGALURU CENTRAL PRISON (CTP NO.12539) SINCE THE PETITIONER IS IN JUDICIAL CUSTODY REP. BY HIS FATHER SRI. GOVINDA GOWDA …PETITIONER (BY SRI. PRATHAP S S, ADVOCATE) AND: 1. THE CHIEF SUPERINTENDENT CENTRAL PRISON PARAPPANA AGRAHARA BENGALURU-560 100 2. THE SUPERINTENDENT OF POLICE CHIKKABALLAPURA DISTRICT, CHIKKABALLAPURA 3. THE DIRECTOR GENERAL OF POLICE PRISONS AND CORRECTIONAL SERVICES, SESHADRI ROAD, BENGALURU-560 003 …RESPONDENTS (BY SMT.K.P.YASHODHA, AGA) Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45862 WP No. 32319 of 2025 THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO 1ST RESPONDENT TO GRANT OF GENERAL PAROLE FOR A PERIOD OF 90 DAYS. 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 petitioner-father of detenu Balachandra (CTP No.12539) is before this Court seeking for the following reliefs: a. Issue a Writ Order or direction in the nature of mandamus to the 1st respondent to grant of general parole for a period of 90 days. b. Pass such other orders/ directions considering the facts and circumstances of the case together as to costs in the interest of justice. 2. The detenu had been convicted in S.C.No.45/2020 for offences under Section 302 of IPC by the Prl. District and Sessions Judge, Chikkaballapura and sentenced on 10.12.2021 with the highest of the sentence being imprisonment for life. The detenu has served a period of 5 years 1 month 17 days of imprisonment as on 28.09.2025. The detenu had - 3 - HC-KAR NC: 2025:KHC:45862 WP No. 32319 of 2025 been earlier granted Court parole once, made another application for parole, the same came to be rejected contending that there is a possibility of the detenu escaping. 3. Taking into consideration that the detenu had earlier been granted court parole by this Court and there is no complaint against the detenu, I am of the considered opinion that such a report of the police is unsustainable. 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- Balachandra (CTP No.12539) 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 prisoner- Balachandra (CTP No.12539) shall mark his attendance in the - 4 - HC-KAR NC: 2025:KHC:45862 WP No. 32319 of 2025 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.: 40