Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:53274 WP No. 19338 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. 19338 OF 2025 (GM-POLICE) BETWEEN:
BALARAJU S/O YEREBAHALLI NARASIMHAPPA AGED ABOUT 40 YEARS HIREBIDANUR VILLAGE GOWRIBIDANUR TALUK CHIKBALLAPURA 561 208 …PETITIONER (BY SRI. KIRAN S S., ADVOCATE) AND:
1.
STATE OF KARNATAKA REPRESENTED BY ITS SECRETARIAT DEPARTMENT OF HOME VIDHANA SOUDHA BANGALORE 560 001.
2.
THE CHIEF SUPERINTENDENT CENTRAL PRISON PARAPPANAGHRAHARA BANGALORE 580 100.
3.
THE COMMISSIONER OF POLICE CQQ5 RPH, MARIMAKALAHALLI KARNATAKA 562 101. …RESPONDENTS (BY SMT. K P YASHODHA, AGA FOR RESPONDENTS)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT AS ANNEXURE-B ISSUED BY THE 2ND RESPONDENT DATED 02/04/2025 BY DIRECTING THE RESPONDENT NO.2/CENTRAL PRISON IN NO. BCP/CTP-SEC/127/2025, BANGALORE, TO RELEASE THE PETITIONER ON PAROLE FOR A PERIOD OF 90 DAYS IN PRISONER CTP NO.12052 CONVICTED BY THE JUDGMENT AND
Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:53274 WP No. 19338 of 2025
ORDER DATED 18/09/2020 THE HON'BLE III ADDITIONAL DISTRICT AND SESSION JUDGE, CHICKBALLAPURA IN S.C.NO.17/2020 FOR THE OFFENCES PUNISHABLE U/SEC. 302 AND 307 OF IPC ACT, IN THE INTEREST OF JUSTICE AND EQUITY VIDE ANNEXURE-A AND ETC.
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 wife of detenu-Balaraju (CTP No.12052) is before this Court seeking for the following reliefs:
1. Issue a Writ of Certiorari by quashing the endorsement as ANNEXURE-B issued by the 2nd Respondent dated 05/02/2025 by directing the Respondent No.2/Central Prison in No. BCP/CTP- Sec/127/2025, Bangalore, to release the Petitioner on parole for a period of 90 days in prisoner CTP No.12052 convicted by the judgement and order dated 18/09/2020 the Hon'ble III Additional District and Session Judge, chickballapura in S.C.No.17/2020 for the offences punishable U/sec. 302 & 307 of IPC act, in the interest of justice and equity Vide Armexure-A.
2. Issue such other suitable orders or direction as this Hon'ble court deems fit and proper in the nature and circumstances of the case, in the interest of justice and equity.`
2. The detenu had been convicted in S.C.No.17/2016 for offences under Sections 302 and 307 of IPC by the III Additional District and Sessions Judge, Chickballapur and sentenced on 30.09.2020 with the highest of the sentence being imprisonment for life.
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HC-KAR NC: 2025:KHC:53274 WP No. 19338 of 2025
The detenu has served a period of 8 years 8 months 21 days of imprisonment as on 11.04.2025 and his conduct in jail is said to be satisfactory. The petitioner having made an application for parole on account of repair of his house has been rejected on account of adverse police report.
3. A perusal of the police report indicates that it deals with the crime and conviction of the detenu and does not cover any issue as regards the petitioner is at flight risk and/or could cause any harm or injury to the victim or victim causing any harm to the detenu.
4. In that view of the matter, taking into consideration the conduct of the detenu has been satisfactory while 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, Bangalore, is directed to release the detenu- Balaraju (CTP No.12052) on parole for
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HC-KAR NC: 2025:KHC:53274 WP No. 19338 of 2025
a period of 30 days commencing from 22.12.2025, subject to the following conditions: A. The prisoner- Balaraju (CTP No.12052) 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. 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 SR/List No.: 2 Sl No.: 16