Allowed

Muniyabhovi v. the Chief Superintendent

Karnataka HC20 Sept 2024WP/25117/2024

Case brief

AI extract

What is this about?

The High Court of Karnataka, in a writ petition filed under Articles 226 and 227, allowed the release of a life convict on parole. The court quashed a prior communication and directed respondents to grant parole for 90 days due to the petitioner's mother's illness and agricultural needs, subject to standard conditions.

What did the court decide?

Parole granted for ninety days subject to conditions including weekly attendance and prohibition of unlawful activities.

Muniyabhovi Vs the Chief Superintendent — Pension and Retirement Benefits | Karnataka HC (2024)

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NC: 2024:KHC:38924 WP No. 25117 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20^TH DAY OF SEPTEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO. 25117 OF 2024 (GM-POLICE)

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BETWEEN:

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MUNIYABHOVI S/O. RANGA BHOVI, AGED ABOUT 50 YEARS, R/AT MATTIKOTE-BEGURU VILLAGE, SHIKARIPURA TALUK, SHIVAMOGGA-577 427.

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NATIVE OF KALENAHALLIHATTI VILLAGE, ARASIKERE TALUK, HASSAN-573 103.

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PRESENTLY SERVING SENTENCE IN SHIVAMOGGA CENTRAL PRISION (CTP NO. 66)

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…PETITIONER

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(BY SRI. PRADEEP PATIL.,ADVOCATE)

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

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AND:

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THE CHIEF SUPERINTENDENT, CENTRAL PRISON, SHIVAMOGGA-577 222.

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THE SUPERINTENDENT OF POLICE HASSAN DISTRICT, HASSAN-573 201.

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THE DIRECTOR GENERAL OF POLICE PRISONS AND CORRECTIONAL SERVICES, SESHADRI ROAD, BENGALURU-560 003.

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…RESPONDENTS

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(BY SRI. SHAMANTH NAIK., HCGP)

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NC: 2024:KHC:38924 WP No. 25117 of 2024

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE COMMUNICATION DATED 28/10/2023 VIDE NO. DCRB/HASSAN/PAROLE/11/2023 ISSUED BY THE R2 PRODUCED AS ANNEXURE-C, ETC.

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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 (CTP No.00066), who has been convicted in SC No.192/2015 by the learned III Addl. District and Sessions Court, Shivamogga, by judgment dated 10.8.2016 for the offence punishable under Section 302 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 the petitioner on parole citing illness of his mother and he has to oversee the agricultural activities. An endorsement issued by the jurisdictional police indicated that the land is standing in the name of his father, and that except the petitioner, there are other no family members to oversee the agricultural activities. The mother of the petitioner is aged more than 80 years.

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The petitioner has been in judicial custody for more than eleven years and three months, and on an earlier occasion, he was not released on parole, Therefore, the petitioner has

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NC: 2024:KHC:38924 WP No. 25117 of 2024

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established a prima facie case to release the petitioner 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 impugned communication dated 28.10.2023 issued by the respondent No.2 vide Annexure-C is hereby quashed.

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iii) The respondents are directed to release the petitioner (CTP No.00066) 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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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

Muniyabhovi v. the Chief Superintendent

Case brief

What is this about?

What did the court decide?

Muniyabhovi v. the Chief Superintendent

Case brief

What is this about?

What did the court decide?

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