Sri Rajesh G Vs the State of Karnataka

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ENDORSEMENT DATED 26.03.2025 BEARING NO.CBP/CTP-SEC/22370/2025 ISSUED BY THE R-2 PRODUCED VIDE ANNX-B TO THE W.P.; DIRECTING THE R-2 AND 3 TO RELEASE THE PETITIONER ON PAROLE BY GRANTING GENERAL PAROLE FOR A PERIOD OF 90 DAYS AS PER THE KARNATAKA PRISONS AND CORRECTIONAL SERVICE MANUAL 2021 PRODUCED VIDE ANX-E TO THE WP.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD

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NC: 2025:KHC:32183 WP No. 11503 of 2025

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HC-KAR

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ORAL ORDER

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The petitioner is admitted to general parole for the period between 22.04.2024 and 05.06.2024, and the petitioner seeks general parole once again for ninety [90] days calling in question the second respondent's Endorsement dated 26.03.2025. The petitioner this time seeks parole on the ground that he is an agriculturist and that he has to look after his children, who have lost their mother and are under the care and custody of their maternal grandfather.

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It is not in dispute that the second respondent has rejected the parole vide the Endorsement dated 26.03.2025 because of the pending proceedings in S.C.No.62/2019 on the file of the Principal District and Sessions Judge, Bengaluru. Sri K. Ravishankar, the learned counsel for the petitioner, submits that this Court has, notwithstanding the pendency of the afore

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proceedings, granted parole in W.P.No.8288/2024

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NC: 2025:KHC:32183 WP No. 11503 of 2025

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HC-KAR

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observing that the proceedings in such case are stayed in Criminal Petition No.2853/2019.

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This is borne out by this Court's order in W.P.No.8288/2024, which in its material part reads as under:

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The petitioner is a convict, who is suffering life imprisonment for the offences under Section 302 of the IPC and Section 30 of the Arms Act in S.C.No.147/2017. The petitioner has been in prison for the last 7 years as on 27.02.2024 as per the imprisonment certificate. The petitioner has not sought for any kind of parole during the period of his imprisonment. The prison certificate also indicates that the conduct of the petitioner in the prison, is satisfactory. What has driven the petitioner to this Court in the subject petition is the rejection of his representation seeking general parole.

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Learned counsel for the petitioner submits that the rejection of the application of the petitioner is only on a solitary ground that the petitioner is involved in another case. He would take this Court through an order dated 25.10.2019 passed in Crl.P.No.2853/2019 wherein the other case on which basis the impugned endorsement is issued, has been stayed by the co-ordinate bench of this Court.

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Mrs. K P Yashoda, the learned Additional

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Government Advocate, is heard in the light of the above and the undisputed fact that the petitioner has

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NC: 2025:KHC:32183 WP No. 11503 of 2025

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HC-KAR

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not given any reason for complaint despite being put on stipulation such as that he shall return to the prison on the expiry of the parole period and that he shall not commit any offence while on parole. This Court, in view of these circumstances and that the petitioner is admitted to parole previously because there is stay in the pending proceedings, is of the opinion that the petitioner must be admitted to parole for thirty [30] days.

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However, it is needless to observe that if the petitioner wants to move any application with the second respondent for any parole further, it must be by way of a separate application as is contemplated under the Karnataka Prsions and Correctional Services Manual 2021 placing on record the material to show that bonafide efforts are made to ensure that there is a final decision in the afore criminal petition. Hence the following:

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NC: 2025:KHC:32183 WP No. 11503 of 2025

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HC-KAR

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ORDER

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[A] The petition is allowed.

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[B[ The second respondent is directed to grant g eneral parole from 23.08.2025 for thirty [30] days to the petitioner subject to the terms as contemplated under the Karnataka Prisons and Correctional Services Manual 2021 and the condition that he shall mark attendance with the jurisdictional Station House Officer on every alternative day.

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[C] The petitioner, through his learned counsel, is granted liberty to file a certified copy of this order with the second respondent over the email: [email protected] ].

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Sd/(B M SHYAM PRASAD) JUDGE

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SA ct:sr

Sri Rajesh G v. the State of Karnataka

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Sri Rajesh G v. the State of Karnataka

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