Allowed

Thirtha v. the State of Karnataka

Karnataka HC13 Sept 2024WP/24645/2024

Case brief

AI extract

What is this about?

Petitioner, a life convict, filed a writ petition seeking release on parole to manage agricultural activities and attend to his mother's severe medical conditions. The High Court found prima facie merit in his petition.

What did the court decide?

Petition allowed; impugned police report and endorsement quashed; petitioner directed to be granted parole for ninety days subject to conditions.

Thirtha Vs the State of Karnataka — Pension and Retirement Benefits | Karnataka HC (2024)

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1 - NC: 2024:KHC:37791 WP No. 24645 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13^TH DAY OF SEPTEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO. 24645 OF 2024 (GM-POLICE)

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BETWEEN:

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THIRTHA S/O LATE C K MARILINGAIAH AGED 41 YEARS, R/AT RAMA MANDIRA STREET CHIKKAMALURU, CHANNAPATNA TOWN RAMNAGAR DISTRICT-562 159 NOW IN THE CENTRAL PRISON HAVING CTP NO.* 10433 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 REP. BY ITS SECRETARY, DEPT. OF HOME, VIDHANA SOUDHA BENGALURU-560001.

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THE CHIEF SUPERINTENDENT CENTRAL PRISON PARAPPANA AGRAHARA BENGALURU-560100.

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THE ADDITIONAL DIRECTOR GENERAL OF POLICE KARNATAKA PRISON CORRECTIONAL SERVICES,

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corrected vide chambers order dated 20.09.2024

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NC: 2024:KHC:37791 WP No. 24645 of 2024

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SHESHADRI ROAD, GANDHINAGAR BENGALURU-560 009.

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THE SUPERINTENDENT OF POLICE RAMANAGAR DISTRICT RAMNAGAR-562159.

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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 QUASH THE POLICE REPORT DTD 22.08.2024 ISSUED BY THE R-4 BEARING NO. DCRB/PAROLE/13/2024 (PRODUCED VIDE ANNEXURE-C) TO THE WRIT PETITION AND ETC.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR

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ORAL ORDER

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The petitioner (BCP/CTP/Sec/068/2024) who has been convicted in SC No.64/2016 by the learned III Addl. District and Sessions Judge, Ramanagar for the offence punishable under Section 302 read with Section 34 of IPC, and sentenced to undergo life imprisonment, is before this court

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The petitioner is seeking a directive to the respondents-police to release him on parole citing his mother's illhealth, and to oversee the agricultural activities. To substantiate the same, the petitioner has annexed the copy of record of rights of the agricultural land standing in the name of his mother, and the medical certified issued by the Maddur Medical Centre certifying that the petitioner's mother is suffering from J & M and back pain in

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3 - NC: 2024:KHC:37791 WP No. 24645 of 2024

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both knees since last ten years and five months. The petition is required to oversee the agricultural activities, and also provide treatment to his mother.

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The petitioner has been in custody for more than seven years and ten months. The petitioner was released on parole on an earlier occasion, and there is no record of him violating the conditions of parole. The petitioner has established a prima facie case to release him 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 police report dated 22.8.2024 issued by the respondent No.4 vide Annexure-C, and also the impugned endorsement dated 26.8.2024 issued by the respondent No.2 vide Annexure-D are hereby quashed.

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iii) The respondent No.2 is hereby directed to release the petitioner (CTP No.* 10433 ) on parole for a period of ninety days from the date of release, subject to the condition that the convict shall not involve in any unlawful activities during the period of parole.

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iv) The respondents are at liberty to impose conditions as are usually stipulated to ensure the return of the convict to the prison, and that he shall not commit any other offence during the period of parole.

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v) The parole granted stands automatically cancelled if the petitioner violates of any of the stipulated conditions.

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corrected vide chamber order dated 20.09.2024

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NC: 2024:KHC:37791 WP No. 24645 of 2024

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vi) The petitioner to mark his attendance with the jurisdictional police on the first day of every week.

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vii) The Registry is directed to communicate this order to the Jail Authority through electronic mail.

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Sd/(HEMANT CHANDANGOUDAR) JUDGE

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BKM

Thirtha v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Thirtha v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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