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2025 DAILYLAW 9253 (KAR)

YESHAPPA v. STATE OF KARNATAKA AND NR

WP/200271/2025 · 2025-07-02

M I Arun

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC-K:3594 WP No. 200271 of 2025 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 2ND DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.200271 OF 2025 (GM-POLICE) BETWEEN: YESHAPPA S/O JAGANATH CTP-19526, AGED ABOUT 20 YEARS, R/O 7-7-44, JANWADA ROAD, BEHIND CHURCH, NAWADGIRI, SUB DIST. AURAD, DIST. BIDAR, KARNATAKA-585 401. …PETITIONER (BY SRI. SIRAJUDDIN AHMED, ADVOCATE) AND: 1. STATE OF KARNATAKA, HOME DEPARTMENT, THROUGH PRINCIPAL SECRETARY, VIDHANA SOUDHA, BENGALURU-560 001. 2. CHIEF SUPERINTENDENT, CENTRAL PRISON, KALABURAGI-585 201. …RESPONDENTS (BY SRI. MALLIKARJUN SAHUKAR, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO Digitally signed by LUCYGRACE Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3594 WP No. 200271 of 2025 ISSUE WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT(S), ORDER(S) OR DIRECTION(S) AND THEREBY; A. DIRECT THE RESPONDENT NO.2 TO RELEASE PETITIONER’S FATHER JAGANATH CTP-19526 ON GENERAL PAROLE FOR A PERIOD OF 90 DAYS IN ACCORDANCE WITH LAW CITING THAT ILLNESS OF THE CONVICT MOTHER WHICH IS EVIDENT FROM THE MEDICAL CERTIFICATE ISSUED BY THE BRIMS HOSPITAL, BIDAR AND ALSO PETITIONER’S FATHER HAS SERVE MORE THAN 14 YEARS’ INCARCERATION HE HAS NOT BEEN RELEASED ON PAROLE PREVIOUSLY. B. PASS ANY OTHER ORDER(S) WHICH THIS COURT MAY DEEM FIT AND PROPER UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE. THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER (PER: HON'BLE MR. JUSTICE M.I.ARUN) The writ petitioner in the instant writ petition has prayed for his father to be released on parole, who is convicted for life. 2. Learned Additional Government Advocate, upon instructions, submits that the parole application is to be submitted as per the procedure required in law as per - 3 - HC-KAR NC: 2025:KHC-K:3594 WP No. 200271 of 2025 Section 55 of the Karnataka Prisons Act, 1963 and Rule 191 of the Karnataka Prisons Rules, 1974 R/w Rule 638 of the Karnataka Prisons and Correctional Services Manual, 2021 and in the instant case, the necessary application has not been made. 3. Learned counsel for the petitioner submits that the prisoner in the instant case is uneducated and though he wants to make the necessary application for parole, the authorities concerned are not co-operating, because of which, the petitioner is constrained to file the instant writ petition. 4. The law requires that application for parole has to be done in a particular manner and the prisoner seeking parole has to follow the same. The authorities concerned are also required to do their duty in right earnest and cannot harass the prisoner. 5. Hence, the following: - 4 - HC-KAR NC: 2025:KHC-K:3594 WP No. 200271 of 2025 ORDER i. Respondent No.2 shall forthwith make available Form No.9 as contemplated in law to the father of the petitioner herein and upon the prisoner submitting the necessary form, the same shall be processed in accordance with law and appropriate decision shall be taken by the authorities concerned as expeditiously as possible. ii. Writ petition stands disposed of accordingly. Sd/- (M.I.ARUN) JUDGE LG List No.: 1 Sl No.: 59