The High Court allowed the writ petition filed by a life prisoner, quashed the refusal of parole, and directed the release of the petitioner on general parole for 90 days on account of his ailing mother's condition.
Released on parole for a period of ninety 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: 2024:KHC:34289 WP No. 22803 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO. 22803 OF 2024 (GM-POLICE)
BETWEEN:
SRI. MOHAMMED PEER @ MUNNA S/O MOHAMMED GHOUSE AGED ABOUT 45 YEARS RESIDENT OF HARANGI DAM VILLAGE AND POST SOMAWARPETE TALUQA KODAGU DISTRICT.
(LODGED IN CENTRAL PRISON BENGALURU CTP NO.8176)
…PETITIONER
(BY SRI. PRADEEP C. PATIL, ADVOCATE)
AND:
Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA
…RESPONDENTS
(BY SRI. SHAMANTH NAIK, HCGP)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT DATED 29.07.2024 VIDE NO.
CPB/CTP-SEC/50/2024 ISSUED BY THE R-1 PRODUCED AS ANNEXURE-D; DIRECTION IN THE NATURE OF MANDAMUS TO THE RESPONDENTS TO GRANT OF GENERAL PAROLE FOR A PERIOD OF 90 DAYS SO AS TO ENABLE HIM TO ATTEND HIS AILING MOTHER.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
ORAL ORDER
The petitioner who is convicted for the offence punishable under Section 302, 324, 341, 427 r/w 34 of IPC, and sentenced to undergo life imprisonment, is before this Court seeking parole. The petitioner is in judicial custody for more than 10 years two months as of today.
petitioner was released on parole and there is no record of violation of condition of parole.
ORDER
i) The petition is allowed.
ii) The impugned endorsement dated 29.7.2024 issued by respondent No.1 is hereby quashed.
iii) The respondents are directed to release the petitioner (CTP No.8176) on parole for a period of ninety days from the date of release subject to condition that the petitioner shall not involve in any illegal activities during the period of parole.
iv) The respondents are 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.
v) The Registry to communicate this order to the Jail Authority through electronic mail.
Sd/-
(HEMANT CHANDANGOUDAR) JUDGE
HR
1 issue framed by the court
Whether the petitioner established a prima facie case for release on general parole due to his mother's illness and flood circumstances?
2 provisions across 2 enactments
Mohammed Peer @ Munna
The Chief Superintendent Central Prison
The Director General of Police Prisons and Correctional Services
The Superintendent of Police Kodagu District
Hemant Chandangoudar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
