Allowed

Sri Neelakantachar @ Shankar v. State of Karnataka

Karnataka HC18 Dec 2024WP/34163/2024

Case brief

AI extract

What is this about?

A life convict under Section 302 IPC, whose premature release recommendation was pending with the Life Convicts Premature Release Committee, sought parole. Relying on Supreme Court guidelines in Rashidul Jafar @ Chota, the Court found a prima facie case and directed his release on parole for 90 days.

What did the court decide?

Release of petitioner CTP No.17560 on parole for 90 days, with liberty to seek extension pending premature-release consideration.

Sri Neelakantachar @ Shankar Vs State of Karnataka — Bail and Remand | Karnataka HC (2024)

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NC: 2024:KHC:52557 WP No. 34163 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 18^TH DAY OF DECEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO. 34163 OF 2024 (GM-POLICE)

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BETWEEN:

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SRI NEELAKANTACHAR @ SHANKAR KRISHNAPPACHAR NARASIAHNAPALYA URDIGERE HOBLI TUMKUR DISTRICT, PRESENTLY SERVING SENCTENCE AT BANGALORE.

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CENTRAL PRISON CTP NO.17560.

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…PETITIONER

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(BY SRI. RANGANATH REDDY R., ADVOCATE)

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AND:

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STATE OF KARNATAKA

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REP BY SECRETARY DEAPRTMENT OF HOME VIDHANA SOUDHA BANGALORE.

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

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THE LIFE CONVICTS PREMATURE RELEASE COMMITTEE HOME DEPARMENT VIDHANA SOUDHA BANGALORE, REP BY ITS CHAIRMAN.

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THE DIRECTOR GENERAL OF POLICE PRISONS AND CORRECTIONAL SERVICES NO.9 SHESHADRI ROAD GANDHI NAGAR BENGALURU.

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THE CHIEF SUPERINTENDENT CENTRALJ PRISON PAPARAPANA AGRAHARA BENGALURU.

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…RESPONDENTS

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(BY SRI. K.P.YOGANNA, AGA)

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2 - NC: 2024:KHC:52557 WP No. 34163 of 2024

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT IN THE NATURE OF MANDAMUS TO THE RESPONDENTS TO BE PLEASED TO ACT IN STRICT COMPLIANCE OF THE NOTIFICATION BEARING NO. HD 119 PRA 2018, BANGALORE DTD 21.04.2024 VIDE ANNX-A AND ETC.

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THIS PETITION, COMING ON FOR ORDERS, 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 who has been convicted of the offence punishable under Sections 302 of the Indian Penal Code (IPC) and sentenced to undergo life imprisonment is before this Court.

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The petitioner seeks a direction to the respondents to release him on parole, citing that he has served more than 15 years of his sentence as of today, and his case for releasing him on prematurely has been considered by the Advisory Report, and thereafter the Advisory Report has recommended with the 2^nd respondent to release the petitioner prematurely. The recommendation made by the Advisory Report is pending consideration before the 2^nd respondent.

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In view of the guidelines issued by the Hon’ble Supreme Court in the case of Rashidul Jafar @ Chota Vs. State of Uttar Pradesh & Anr., the petitioner has established a prima facie case for releasing him on parole.

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NC: 2024:KHC:52557 WP No. 34163 of 2024

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Accordingly, I pass the following;

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ORDER

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i. Petition is allowed.

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ii. The respondent No.4 is hereby directed to release the petitioner (Prisoner CTP.17560) on parole for a period of 90 days from the date of his release.

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iii. Petitioner is at liberty to seek extension of parole pending consideration of his case for premature release before the 2^nd respondent.

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iv. Violation of any of the parole conditions would result in cancellation of parole automatically.

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v. Registry to communicate this order to the jail authorities through electronic mail.

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Sd/(HEMANT CHANDANGOUDAR) JUDGE

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TIN

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List No.: 1 Sl No.: 52

Sri Neelakantachar @ Shankar v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri Neelakantachar @ Shankar v. State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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