A convict serving a sentence under Sections 363 and 366 IPC sought parole for house repairs and arranging his son's marriage; his son's petition challenged the rejection endorsement. Finding over six years in custody without prior parole established a prima facie case, the court quashed the endorsement and directed release on parole for 90 days.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO. 18024 OF 2024 (GM-POLICE)
BETWEEN:
… PETITIONER
(BY SRI. LIKITHA M., ADVOCATE)
AND:
Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA
HOME DEPARTMENT VIDHANA SOUDHA BENGALURU - 560 001
… RESPONDENTS
(BY SRI. SHAMANTH NAIK, HCGP)
NC: 2024:KHC:38685 WP No. 18024 of 2024
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ENDORSEMENT BEARING NO. BCP/CTP-SEC/20/2024 DTD 16.04.2024 ISSUED BY R-2 AT ANNEXURE-B AND ALLOW THE APPLICATION FILED BY THE PETITIONER'S FATHER.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
ORAL ORDER
Petitioner’s father - Srinivas R has been convicted for offences punishable under Sections 363 and 366 of Indian Penal Code and sentenced to undergo life imprisonment for a period of 10 years.
ORDER
(i) The writ petition is allowed.
(iii) Respondent No.2 is hereby directed to release the petitioner's father on parole for a period of 90 days from the date of release, subject to the petitioner's father undertaking that he would not involve in any unlawful activities.
(iv) Respondent No.2 shall impose strict conditions as are usually stipulated to ensure the return of the detenue to the jail and the convict shall not commit any other offence during the period of parole.
(v) The Registry is directed to communicate this order to respondent No.2 by way of electronic mail, forthwith.
Any violation of conditions of parole, will result in automatic cancellation of Parole.
Sd/(HEMANT CHANDANGOUDAR) JUDGE
VP
1 issue framed by the court
Whether the petitioner's father, a convict in judicial custody for over six years who had not earlier been released on parole, was entitled to release on parole.
2 provisions across 2 enactments
Venugopala G S
State of Karnataka by the Secretary of Home Department
Chief Superintendent of Police, Central Prison Parpana Agrahara, Bangalore
Superintendent of Police, Chikkaballapura
Hemant Chandangoudar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
