Allowed

B M Yogesh v. the State of Karnataka

Karnataka HC5 Sept 2024WP/21483/2024

Case brief

AI extract

What is this about?

A life convict under Sections 201, 302 and 376 IPC, in custody for over 15 years and recommended for premature release by the Advisory Committee, sought parole. The High Court allowed the writ petition and directed his release on parole for 90 days with conditions.

What did the court decide?

Petitioner released on parole for 90 days from date of release, subject to conditions including no illegal activities; extension permissible.

B M Yogesh Vs the State of Karnataka — Bail and Remand | Karnataka HC (2024)

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1 - NC: 2024:KHC:36408 WP No. 21483 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5^TH DAY OF SEPTEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO. 21483 OF 2024 (GM-POLICE)

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BETWEEN:

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B M YOGESH S/O MALLESHAPPA AGED ABOUT 37 YEARS R/AT MUNIYAMMA BUILDING GOSHALE, 3RD CROSS GURUDACHARAPALYA MAHADEVAPURA POST BENGALURU - 560 016

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NOW IN THE CENTRAL PRISON HAVING CTP NO. 4141 PARAPPANA AGRAHARA BENGALURU -560100.

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…PETITIONER

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(BY SRI. K RAVISHANKAR, ADVOCATE)

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AND:

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Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA

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THE STATE OF KARNATAKA REPT BY ITS SECRETARY DEPT. OF HOME VIDHANA SOUDHA BENGALURU - 560 001.

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THE CHIEF SUPERINTENDENT CENTRAL PRISON PARAPPANA AGRAHARA BENGALURU - 560100.

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THE DIRECTOR GENERAL OF POLICE AND INSPECTOR GENERAL OF POLICE KARNATAKA PRISON CORRECTIONAL SERVICES BENGALURU - 560100.

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NC: 2024:KHC:36408 WP No. 21483 of 2024

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THE LIFE CONVICTS RELEASE COMMITTEE REPRESENTED BY ITS CHAIRMAN PRINCIPAL SECRETARY DEPARTMENT OF HOME BENGALURU - 560 001.

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…RESPONDENTS

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(BY SRI. SHAMANTH NAIK, HCGP)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-2 AND 3 TO RELEASE THE PETITIONER ON PAROLE TILL THE DECISION IS TAKEN BY THE R-4 LIFE CONVICTS RELEASE COMMITTEE (LCRC) OR DIRECT THE R- 2 AND 3 TO GRANT GENERAL PAROLE FOR A PERIOD OF 90 DAYS AS PER THE KARNATAKA PRISONS AND CORRECTIONAL SERVICE MANUAL 2021 (PRODUCED VIDE ANNX-D) TO THE WRIT PETITION.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR

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ORAL ORDER

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The petitioner who is convicted for the offences punishable under Sections 201, 302 and 376 of IPC, and sentenced to undergo life imprisonment, is before this Court seeking parole. and as of today, is in judicial custody, for more than 15 years.

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Heard the learned counsel for the petitioner, and learned High Court Government Pleader for the respondent-State.

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The petitioner is in judicial custody for more than 15 years, as of today, and the Advisory Committee, taking into

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3 - NC: 2024:KHC:36408 WP No. 21483 of 2024

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account the conduct of the petitioner has recommended for premature release of the petitioner on 5.2.2024 and the recommendation is pending consideration before the Life Convicts Release Committee.

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Given the circumstances, the petitioner has established a prima facie case for his release on parole. Accordingly, I pass the following:

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ORDER

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i) The petition is allowed.

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ii) The respondent No.2 and 3 to release the petitioner (CTP No.4141) on parole for a period of 90 days from the date of release subject to condition that the petitioner shall not involve in any illegal activities during the period of parole.

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iii) The respondent No.2 is at liberty to impose conditions as are imposed normally at the time of grant of parole so as to ensure the return of the petitioner to the prison and the convicts shall not commit any other offence during the period of parole.

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iv) The Registry to communicate this order to the Jail Authority through electronic mail forthwith.

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v) The petitioner is at liberty to seek extension of parole.

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NC: 2024:KHC:36408 WP No. 21483 of 2024

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vi) Any violation of the condition would result in cancellation of the parole.

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Sd/(HEMANT CHANDANGOUDAR) JUDGE

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B M Yogesh v. the State of Karnataka

Case brief

What is this about?

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B M Yogesh v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

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