Writ petition filed by a senior citizen seeking parole for her detained husband. Court directed respondent authorities to consider and grant general parole for 30 days, imposing attendance and return conditions.
Mandamus issued to respondents to consider and grant general parole for 30 days; weekly reporting order to police.
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NC: 2024:KHC:12224 WP No. 3096 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 3096 OF 2024 (GM-POLICE)
BETWEEN:
REKHA G D/O GOPAL P AGED ABOUT 35 YEARS R/AT NO.4, VARAMAVU ROAD MANJUNATH NAGAR, KALKEREHALLI, RAMAMURTHY NAGAR, DURVANINAGAR BANGALORE - 560016 (SENIOR CITIZEN BENEFIT NOT CLAIMED
…PETITIONER
(BY SRI. MOHANKUMARA D., ADVOCATE)
AND:
Digitally signed by NAGAVENI Location: HIGH COURT OF KARNATAKA
NC: 2024:KHC:12224 WP No. 3096 of 2024
…RESPONDENTS
(BY SRI. K.P.YOGANNA, AGA)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R2 TO CONSIDER THE REPRESENTATION OF THE PETITIONER DTD 22.01.2024 WHEREIN THE PETITIONER HAS SOUGHT FOR RELEASE OF DETENUE-BHASKAR ON PAROLE FOR A PERIOD OF 90 DAYS VIDE ANNEXURE-A AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner is before this Court seeking the following
prayer:
NC: 2024:KHC:12224 WP No. 3096 of 2024
appropriate to grant the husband of the petitioner a general parole for a period of 30 days, which becomes operational from the forenoon of 27.03.2024 upto the evening of 25.04.2024.
ORDER
(ii) Mandamus issues to respondent Nos.2 and 3 to consider the representation of the petitioner and release the detenue/Bhaskar @ Raju, (CTP No.11119) on general parole for a period of 30 days from the forenoon of 27.03.2024, till the evening of 25.04.2024.
(iii) The convict (CTP No.11119) - shall mark his attendance in the jurisdictional police station, weekly once throughout the period of his parole and it would be the responsibility of the jurisdictional police to take him to gaol, in the event, the convict (CTP No.11119) would evade going back to the gaol, after the expiry of the period of general parole.
NC: 2024:KHC:12224 WP No. 3096 of 2024
Sd/JUDGE
KG List No.: 1 Sl No.: 121
2 issues framed by the court
Whether the High Court should direct the prison authorities to consider and grant general parole to the detainee.
Whether the petitioner, being a senior citizen, qualifies for relief in the petitioner's unique circumstances.
Rekha G
The State of Karnataka
Deputy Inspector General of Prisons
Chief Superintendent of Police
The Station House Officer
M.Nagaprasanna
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
