Convict serving life sentence for rape and POCSO offences sought parole for his parents' housewarming ceremony and to oversee agricultural activities. Having served over four years with satisfactory conduct and no prior parole, the court quashed the police report objecting to his release and granted ninety days' parole on conditions.
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NC: 2024:KHC:49965 WP No. 32570 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF DECEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO. 32570 OF 2024 (GM-POLICE)
BETWEEN:
HANUMANTHA MOGAVEERA, S/O PAKIRAPPA, AGED 34 YEARS, R/AT MANJUNATHA NILAYA, NEAR NOOJI SCHOOL, KORGI POST, KUNDAPURA TALUK, UDUPI DISTRICT - 572 101 NOW SERVING SENTENCE IN THE CENTRAL PRISON, HAVING CTP NO. 01555 CENTRAL PRISON, SHIVAMOGGA - 573 111
…PETITIONER
(BY SRI. K PRASANNA SHETTY, ADVOCATE)
AND:
Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA
NC: 2024:KHC:49965 WP No. 32570 of 2024
4. THE SUPERINTENDENT OF POLICE UDUPI, UDUPI DISTRICT - 572 101.
…RESPONDENTS
(BY SRI.K.P. YOGANNA, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE POLICE REPORT DTD. 22.11.2024 ISSUED BY THE R-4 BEARING NO.06/SA.KAI/DCRB/UG/2024 (PRODUCED VIDE ANXN-B) TO THE WRIT PETITION AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
ORAL ORDER
The petitioner has been convicted for the offence punishable under Section 376 of the Indian Penal Code (IPC) and Section 6 of the POCSO Act, and sentenced to undergo life imprisonment, with a minimum period of 10 years.
been released on parole. The imprisonment certificate indicates that the petitioner’s conduct during incarceration has been satisfactory.
ORDER
NC: 2024:KHC:49965 WP No. 32570 of 2024
and that he shall not commit any other offences during the period of parole.
Sd/-
(HEMANT CHANDANGOUDAR) JUDGE
BKN
1 issue framed by the court
Whether a convict serving life imprisonment for offences under Section 376 IPC and Section 6 POCSO Act was entitled to be released on parole for a housewarming ceremony and agricultural activities.
4 provisions across 3 enactments
Hanumantha Mogaveera
The State of Karnataka, represented by its Secretary, Department of Home
The Chief Superintendent, Central Prison, Shivamogga
The Additional Director General of Police, Karnataka Prison Correctional Services
The Superintendent of Police, Udupi
Hemant Chandangoudar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
