Smt. Cheluvi vs the State of Karnataka

Smt. Cheluvi vs The State of Karnataka

Type Court Judgment Court Karnataka Orders Decided May 22, 2025

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Citation: sooperkanoon.com/1674786
Court: Karnataka Orders High Court
Judge: C M Joshi
Decided On: May 22, 2025
Case Number: WP/7506/2025

Parties & Advocates

Appellant / Petitioner

Smt. Cheluvi

Respondent

The State of Karnataka

Excerpt

.....c m joshioral orderheard the learned counsel for petitioner and learned aga for respondents-state.2. the petitioner contends that her son is aconvicted prisoner in spl.case no.50/2018 for the offence punishable under section 5 (l), 6, of the pocso act and sections 372(2)(n), 366a and 344 of ipc and was sentenced to undergo imprisonment for 20 years and fine. he has completed 06 years 07 months of imprisonment as -3- on 04-03-2025. he being only son, there is no other male member in the family of the petitioner. the petitioner aged 46 years is suffering from ill health and the only sister of the convict is pregnant. therefore, she contends that the presence of the convict is necessary to take care of herself and her only daughter and as such, the convict may be granted parole. it is contended that the convict would abide by the conditions that may be imposed by the court.3. per contra, learned aga contends that the enquiryconducted by the concerned police sub inspector of balehonnur police station revealed that the petitioner was not staying in the place of the address shown by her at chikkamagaluru. but she is staying in tamilnadu and the telephonic conversation showed that she is staying with her daughter and she is taking treatment for her thyroid issues. therefore, he contends that there is no reason to grant parole. -4-4. the medical certificate shows that the petitioneris suffering from twin hypothyroidism since 1 1/2 years and she has taken treatment from one dr. b. prabhu, at government hospital, attur in salem district and she is unable to earn her livelihood. the records also reveal that one kannimoni is suffering from appendicitis. it is stated by learned counsel for the petitioner that said kannimuli is the sister of the convict.5. evidently, the mother and sister of the convictare suffering from hypothyroidism and appendicitis. the presence of the convict to assist the petitioner and her daughter would be of immense help to the family. the petitioner.....

Full Judgment

-1-
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF MAY, 2025 BEFORE THE HON'BLE MR JUSTICE C M JOSHI WRIT PETITION NO. 7506 OF 2025 (GM-POLICE) BETWEEN: SMT. CHELUVI, W/O ANNAPPA, AGED ABOUT 47 YEARS, R/AT AKSHARANAGARA, B KANABUR GRAMA PANCHAYAT, BALEHONNUR, CHIKKAMAGALURU-577 134. NOW IN THE CENTRAL PRISON, HAVING CTP NO. 767, PARAPPANA AGRAHARA, BENGALURU-560 100. …PETITIONER (BY SRI N YADUNANDAN, ADVOCATE) AND:
1. THE STATE OF KARNATAKA, Digitally signed REPT. BY ITS SECRETARY, by NANDINI R DEPT. OF HOME VIDHANA SOUDHA, Location: HIGH COURT OF BENGALURU-560 001. KARNATAKA
2. THE CHIEF SUPERINTENDENT, CENTRAL PRISON, SHIVAMOGGA-577 222.
3. THE SUPERINTENDENT OF POLICE, CHIKKAMAGALUR DISTRICT, CHIKKAMAGALUR-577 134.
4. THE DIRECTOR GENERAL OF POLICE, AND INSPECTOR GENERAL OF POLICE, -2- KARNATAKA PRISON CORRECTIONAL SERVICES, BENGALURU-560 100.
5. THE SUB INSPECTOR OF POLICE,
BALEHONNUR POLICE STATION, NARASIMHARAJA PURA TALUK, CHIKKAMAGALUR DISTRICT-577 134. …RESPONDENTS (BY SRI GOPALA KIRSHNA SOODI, AGA) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-2 AND 3 TO RELEASE THE PETITIONER'S SON ON PAROLE BY GRANTING GENERAL PAROLE FOR A PERIOD OF 90 DAYS FOR TREATMENT OF HIS AILING MOTHER AS WELL AS TO BARE ALL THE EXPENSES FOR MEDICAL TREATMENT. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE C M JOSHI

ORAL ORDER

Heard the learned counsel for petitioner and learned AGA for respondents-State.

2. The petitioner contends that her son is a

convicted prisoner in Spl.Case No.50/2018 for the offence punishable under Section 5 (L), 6, of the POCSO Act and Sections 372(2)(n), 366A and 344 of IPC and was sentenced to undergo imprisonment for 20 years and fine. He has completed 06 years 07 months of imprisonment as -3- on 04-03-2025. He being only son, there is no other male member in the family of the petitioner. The petitioner aged 46 years is suffering from ill health and the only sister of the convict is pregnant. Therefore, she contends that the presence of the convict is necessary to take care of herself and her only daughter and as such, the convict may be granted parole. It is contended that the convict would abide by the conditions that may be imposed by the Court.

3. Per contra, learned AGA contends that the enquiry

conducted by the concerned Police Sub Inspector of Balehonnur Police Station revealed that the petitioner was not staying in the place of the address shown by her at Chikkamagaluru. But she is staying in Tamilnadu and the telephonic conversation showed that she is staying with her daughter and she is taking treatment for her thyroid issues. Therefore, he contends that there is no reason to grant parole. -4-

4. The Medical Certificate shows that the petitioner

is suffering from twin hypothyroidism since 1 1/2 years and she has taken treatment from one Dr. B. Prabhu, at Government Hospital, Attur in Salem District and she is unable to earn her livelihood. The records also reveal that one Kannimoni is suffering from appendicitis. It is stated by learned counsel for the petitioner that said Kannimuli is the sister of the convict.

5. Evidently, the mother and sister of the convict

are suffering from hypothyroidism and appendicitis. The presence of the convict to assist the petitioner and her daughter would be of immense help to the family. The petitioner is residing with her daughter at Salem cannot be a reason to deny the parole to the convict. Under these circumstances, a case is made out for grant of parole. Hence, the following:

ORDER

(i) The writ petition is allowed. -5-

(ii) The respondent No.2 is directed to release the convict CTP No.00767 on parole for a period of 60 days from the date of release, subject to the following condition:

(iii) The convict undertaking not to involve in unlawful activities during the period of parole.

(iv) The respondent No.2 shall impose strict conditions as are necessary under Clause 638 of the Prison Manual 2021.

(v) violation of any of the parole conditions would result in cancellation of the parole.

(vi) The Registry is directed to communicate the

order to respondent No.2.

Sd/- (C M JOSHI) JUDGE tsn* List No.: 1 Sl No.: 172

Same Court & Year Karnataka Orders · 2025 Same Parties Smt. Cheluvi vs The State of Karnataka Same Judge C M Joshi