ALIMINETI VIJAYA NIRMALA v. THE STATE OF KARNATAKA
WP/200579/2025 · 2025-07-02
M I Arun
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 9307 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 9307 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC-K:3596 WP No. 200579 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.200579 OF 2025 (GM-POLICE) BETWEEN:
ALIMINETI VIJAYA NIRMALA W/O PRISONER YENUGU VIJAYAREDDY @ RAJARAM (CTP:1179), AGED ABOUT 40 YEARS, R/O 11-6-232/1 PLOT NO-G1, ROAD NO.1, POCHAMMABAGH COLONY, SAROORNAGAR, K.V. RANGAREDDY, TELANGANA-500 035.
…PETITIONER (BY SRI. SIRAJUDDIN AHMED, ADVOCATE)
AND:
1.
THE 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)
Digitally signed by LUCYGRACE Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC-K:3596 WP No. 200579 of 2025
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO 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 THE HUSBAND OF THE PETITIONER, YENUGU VIJAYAREDDY @ RAJARAM (CTP:1179) LODGED AT KALABURAGI PRISON, ON GENERAL PAROLE FOR A PERIOD OF 90 DAYS TO LOOK AFTER HIS AILING WIFE AND SUPPORT HIS FAMILY DURING THIS TIME OF GRIEF.
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 her husband 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
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HC-KAR NC: 2025:KHC-K:3596 WP No. 200579 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:
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HC-KAR NC: 2025:KHC-K:3596 WP No. 200579 of 2025
ORDER i. Respondent No.2 shall forthwith make available Form No.9 as contemplated in law to the husband 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.: 64