Writ petition challenging rejection of parole rejected by authorities citing victim safety. High Court quashed rejection order, allowed petition, and directed release on parole for 30 days to visit ailing father and repair house.
Petition allowed, impugned orders quashed, mandamus issued for parole grant from 13.11.2023 to 12.12.2023 for 30 days.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2023:KHC:39900 WP No. 21495 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 21495 OF 2023 (GM-POLICE)
BETWEEN:
VENKATESH, S/O NAGANNA @ NAGARAJA, AGED ABOUT 43 YEARS, R/AT BEHIND PWD QUATRESS, KORATAGERE TOWN, KORATAGERE TALUK, TUMKUR - 572 129.
NOW IN CENTRAL PRISON, HAVING CTP NO. 7772 PARAPPANA AGRAHARA, BENGALURU - 560 100.
…PETITIONER
Digitally signed by PADMAVATHI B K Location: HIGH COURT OF KARNATAKA
(BY SRI. MANJUNATHA RAO LOKANDE N, ADVOCATE)
AND:
NC: 2023:KHC:39900 WP No. 21495 of 2023
…RESPONDENTS
(BY SRI. MANJUNATH K, HCGP)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE POLICE REPORT DATED 01/07/2023 ISSUED BY THE R-2 BEARING NO. DCRB(3)PAROLE/06/2023 (PRODUCED VIDE ANNEXURE-F) TO THE WP AND ETC.,
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner is before this Court calling in question an endorsement dated 15.07.2023 which whereby the Competent Authority has rejected the release of the petitioner on grant of general parole.
NC: 2023:KHC:39900 WP No. 21495 of 2023
counsel for the petitioner and Sri. Manjunatha K, learned HCGP for respondents.
the petitioner has been in a prison for the last 11 years and 7 months and has not sought release on general parole not even on one occasion and therefore, submits the since the situation is now warranting that he has to see his ailing father and assist him in getting the house repaired parole may be granted at the hands of this Court.
6.The learned HCGP would refute the submissions and object release of the petitioner on parole on the same reasons that are rendered in the impugned endorsement and also report dated 01.07.2023.
petitioner projects the ailment of the father and the house which is in the name of his father being in dilapidated condition for grant of parole. Photographs and the Hakku Parthra is also appended by the petitioner.
ORDER
(i) Writ Petition is allowed.
(ii) The impugned police report dated 01.07.2023 issued by the 2nd respondent stands quashed.
(iii) The impugned endorsement bearing No.BCP/J3/633/202dated 15.07.2023 issued by respondent No.3 stands quashed.
Sd/JUDGE
JS
List No.: 1 Sl No.: 17 CT: BHK
2 issues framed by the court
Whether to grant general parole to a petitioner who has been in custody for over 12 years and had not previously sought its release.
Whether the impugned police report rejecting parole on grounds of threat to victim's life should be quashed in light of the petitioner's family emergencies.
1 provisions across 1 enactments
Venkatesh
State of Karnataka
M. Nagaprashanna
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
