Pavan Kumar U vs State of Karnataka

Type Court Judgment Court Karnataka Decided May 02, 2025

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Citation: sooperkanoon.com/1690649
Court: Karnataka High Court
Judge: M.Nagaprasanna
Decided On: May 02, 2025
Case Number: WP/11193/2025

Parties & Advocates

Appellant / Petitioner

Pavan Kumar U

Respondent

State of Karnataka

Excerpt

.....shri rakshith r., learned counsel appearing for the petitioner and shri rahul cariyappa, learned additional government advocate appearing for the respondents.2. the petitioner, son of the convict is before thiscourt, seeking release of his father on parole. the father of the petitioner gets convicted in sc.no.17/2015 for offence punishable under section 302 of the indian penal code, 1860 and is sentenced to undergo imprisonment for life. the father has now undergone 9years 9months in prison and has availed general parole on three occasions and emergency parole once. there is nothing adverse indicated in the imprisonment certificate on the conduct to the petitioner nor any other cases -3- pending against him. the last general parole was granted in the year 2021.3. in the light of the aforesaid submissions, i deem it appropriate to grant general parole for a period of 60days, subject to the following:order(i) the writ petition is allowed in part.(ii) mandamus issues to respondent no.2 to release the petitioner (convict - ctp no.9223) on general parole for a period of 60days, which commences from the date of the release of the convict.(iii) the convict (ctp no.9223) - shall mark hisattendance 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 him to gaol, in the event, the convict (ctp no.9223) would evade going back to the gaol, after the expiry of the period of general parole.(iv) respondent no.2 shall stipulate strict conditions as are usually stipulated, to ensure return of the convict to the gaol and that he shall not commit any other offence during the period of parole. -4-(v) registry is directed to communicate this order to respondent no.2, by way of electronic mail, forthwith. sd/- (m.nagaprasanna) judge jy list no.: 1 sl no.: 73 ct: bhk

Full Judgment

-1-
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF MAY, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 11193 OF 2025 (GM-POLICE) BETWEEN: PAVAN KUMAR U, C/O K UDAY KUMAR, AGED ABOUT 33 YEARS, R/AT NO.1, SHIVAKUMAR SWAMIJI LAYOUT, TOTADAGUDDADAHALLI, NAGASANDRA, BENGALURU - 560 073. …PETITIONER (BY SRI. RAKSHITH R, ADVOCATE) AND: Digitally signed by NAGAVENI Location: High 1. STATE OF KARNATAKA Court of BY THE SECRETARY OF HOME DEPARTMENT, Karnataka VIDHANA SOUDHA, BANGALORE - 560 001.
2. CHIEF SUPERINTENDENT OF POLICE CENTRAL PRISON, PARAPANA AGRAHARA, BANGALORE - 560 100, REPRESENTED BY AG …RESPONDENTS (BY SRI. RAHUL CARIAPPA, AGA) -2- THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF

THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER

OF R-2 DATED 15.03.2025 BCP/CTP-SEC/22188/2025 AT ANNX-A AND RELEASE PETITIONERS FATHER ON PAROLE. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA

ORAL ORDER

Heard Shri Rakshith R., learned counsel appearing for the petitioner and Shri Rahul Cariyappa, learned Additional Government Advocate appearing for the respondents.

2. The petitioner, son of the convict is before this

Court, seeking release of his father on parole. The father of the petitioner gets convicted in SC.No.17/2015 for offence punishable under Section 302 of the Indian Penal Code, 1860 and is sentenced to undergo imprisonment for life. The father has now undergone 9years 9months in prison and has availed general parole on three occasions and emergency parole once. There is nothing adverse indicated in the imprisonment certificate on the conduct to the petitioner nor any other cases -3- pending against him. The last general parole was granted in the year 2021.

3. In the light of the aforesaid submissions, I deem it appropriate to grant general parole for a period of 60days, subject to the following:

ORDER

(i) The Writ Petition is allowed in part.

(ii) Mandamus issues to respondent No.2 to release the petitioner (Convict - CTP No.9223) on general parole for a period of 60days, which commences from the date of the release of the convict.

(iii) The convict (CTP No.9223) - shall 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 him to gaol, in the event, the convict (CTP No.9223) would evade going back to the gaol, after the expiry of the period of general parole.

(iv) Respondent No.2 shall stipulate strict conditions as are usually stipulated, to ensure return of the convict to the gaol and that he shall not commit any other offence during the period of parole. -4-

(v) Registry is directed to communicate this order to respondent No.2, by way of electronic mail, forthwith. Sd/- (M.NAGAPRASANNA) JUDGE JY List No.: 1 Sl No.: 73 CT: BHK

Same Court & Year Karnataka · 2025 Same Parties Pavan Kumar U vs State of Karnataka Same Judge M.Nagaprasanna