Sri Siddesh vs the Chief Superintendent

Sri Siddesh vs The Chief Superintendent

Type Court Judgment Court Karnataka Orders Decided Aug 29, 2025

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https://sooperkanoon.com/case/1680702

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Citation: sooperkanoon.com/1680702
Court: Karnataka Orders High Court
Judge: B M Shyam Prasad
Decided On: Aug 29, 2025
Case Number: WP/9656/2025

Parties & Advocates

Appellant / Petitioner

Sri Siddesh

Respondent

The Chief Superintendent

Excerpt

.....'the pocso act'] and the petitioner is aggrieved by the second respondent's communication dated 04.02.2025 rejecting his application for parole. the second respondent has opined that if the petitioner is admitted to parole, there would be a law and order situation.this court has already opined that the conferment of jurisdiction in the first respondent was only because of covid-19 situation and otherwise the decision must be by the director general of prisons -4- and correctional services1. this court is of theopinion that in the facts and circumstances, notwithstanding the report of the second respondent dated 04.02.2025, the director general of prisons and correctional services must consider the application for general parole not just in the light of the afore communication but also the purpose for which the parole is extended. therefore, the followingorder[a] the petition stands disposed of with liberty to the petitioner to forward a certified copy of this order, through his counsel, to the first respondent through e-mail [[email protected]], and the first respondent is directed to forward the entire file to the director general of police, prisons and 1 this court's order in this regard is in w.p. no.11541/2025 which is disposed of on 19.08.2025. -5- correctional services within a week from the date of receipt of a copy of thisorder.[b] the director general of police, prisons and correctional services is called upon to consider all the circumstances in the light of this court's observation and communicate the decision to the petitioner within fifteen days from the date of receipt of the records. sd/- (b m shyam prasad) judge nv

Full Judgment

-1-
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 9656 OF 2025 (GM-POLICE) BETWEEN: SRI SIDDESH S/O LATE RUDRA SHETTY AGED ABOUT 50 YEARS, R/AT BESIDE GAYATHRI CHOULTRY, KALIDASA NAGARA, CHIKKAMAGALURU-577101 PRESENTLY IN CENTRAL PRISON CTP NO 00192 SHIVAMOGGA - 577222. Digitally signed by VANAMALA N …PETITIONER Location: (BY SRI. MAHESH KUMAR K M.,ADVOCATE) High Court of Karnataka AND:
1. THE CHIEF SUPERINTENDENT CENTRAL PRISON, SHIVAMOGGA-577222. -2-
2. THE SUPERINTENDENT OF POLICE
HASSAN DISTRICT, HASSAN-573201. …RESPONDENTS (BY SMT.K.P. YASHODHA., AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSITTUION OF INDIA PRAYING TO- QUASH THE IMPUGNED ORDER DATED 4.02.2025 VIDE SANKYE/DCRB/HASSAN/PAROLE/19/2024 PASSED BY THE R-2 AT ANNX-B AND FURTHER BE PLEASED TO DIRECT THE R-1 POLICE TO RELEASE THE PETITIONER ON PAROLE FOR A PERIOD OF 90 DAYS WITHOUT REFERRING THE MATTER TO THE R-2 POLICE. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY,

ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD -3-

ORAL ORDER

The petitioner is incarcerated for the

offences punishable under Sections 376(2)(f)(n), 504, 506 of the Indian Penal Code, 1860 [for short, 'IPC'] and Sections 5(j)(ii), 5(n) and 5(I) and 6 of the Protection of Children from Sexual Offences Act, 2012 [for short, 'the POCSO Act'] and the petitioner is aggrieved by the second respondent's communication dated 04.02.2025 rejecting his application for parole. The second respondent has opined that if the petitioner is admitted to parole, there would be a law and order situation.

This Court has already opined that the conferment of jurisdiction in the first respondent was only because of Covid-19 situation and otherwise the decision must be by the Director General of Prisons -4- and Correctional Services1. This Court is of the

opinion that in the facts and circumstances, notwithstanding the Report of the second respondent dated 04.02.2025, the Director General of Prisons and Correctional Services must consider the application for General Parole not just in the light of the afore Communication but also the purpose for which the parole is extended. Therefore, the following

ORDER

[A] The petition stands disposed of with liberty to the petitioner to forward a certified copy of this order, through his counsel, to the first respondent through E-mail [[email protected]], and the first respondent is directed to forward the entire file to the Director General of Police, Prisons and 1 This Court's order in this regard is in W.P. No.11541/2025 which is disposed of on 19.08.2025. -5- Correctional Services within a week from the date of receipt of a copy of this

order.

[B] The Director General of Police, Prisons and Correctional Services is called upon to consider all the circumstances in the light of this Court's observation and communicate the decision to the petitioner within fifteen days from the date of receipt of the records. Sd/- (B M SHYAM PRASAD) JUDGE NV

Same Court & Year Karnataka Orders · 2025 Same Parties Sri Siddesh vs The Chief Superintendent Same Judge B M Shyam Prasad