Disposed¶40

Sri Shivakumar @ Kumara v. State of Karnataka

Karnataka HC19 Aug 2025WP/15365/2025

Case brief

AI extract

What is this about?

Parole rejection endorsement; 90 days parole; Karnataka Prisons and Correctional Services Manual 2021; Sections 302, 201, 397 IPC; SC No.56/2018 Tumakuru; Criminal Appeal No.747/2019 pending; bail application pending; Central Prison Bangalore; Articles 226 and 227 Constitution; WP No. 15365 of 2025 (GM-POLICE); NC: 2025:KHC:32186; disposed with liberty to pursue appeal application first.

What did the court decide?

No substantive relief; petition disposed of with liberty to the petitioner to pursue his application filed in the pending criminal appeal before approaching the authorities for parole. ¶40

Sri Shivakumar @ Kumara Vs State of Karnataka — Murder and Culpable Homicide | Karnataka HC (2025)

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NC: 2025:KHC:32186 WP No. 15365 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 19^TH DAY OF AUGUST, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE B M SHYAM PRASAD

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WRIT PETITION NO. 15365 OF 2025 (GM-POLICE)

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BETWEEN:

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SRI SHIVAKUMAR @ KUMARA S/O. YALLAPPA, AGED ABOUT 38 YEARS, R/AT- BEHIND GUNDLAMMA TEMPLE KYATHASANDRA, TUMAKURU-572 104 (NOW IN CUSTODY CENTRAL PRISON, BENGALURU)

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…PETITIONER

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(BY Smt. SRILAKSHMI I.B.,ADVOCATE)

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AND:

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Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA

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STATE OF KARNATAKA

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REPRESENTED BY ITS SECRETARIAT, DEPARTMENT OF HOME, VIDHANA SOUDHA BANGALORE- 560 001.

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THE CHIEF SUPERINTENDENT CENTRAL PRISON, PARAPPANAGHRAHARA, BANGALORE- 580 100.

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THE COMMISSIONER OF POLICE

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NC: 2025:KHC:32186 WP No. 15365 of 2025

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HC-KAR

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84MC JVC, SIDDALINGAIAHNA PALYA, TUMKUR, KARNATAKA 572 103.

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…RESPONDENTS

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(BY SMT.K.P. YASHODHA., AGA)

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TOQUASH THE ENDORSEMENT AS ANNEXURE -B ISSUED BY THE R2 DATED 02.04.2025 IN NO. CPB/CTP-SEC/149/2025 BY DIRECTING THE R2 / CENTRAL PRISON BANGALORE, TO RELEASE THE PETITIONER ON PAROLE FOR A PERIOD OF 90 DAYS IN PRISONER CTP NO. 11401 CONVICTED BY THE JUDGEMENT AND ORDER DATED 19.03.2019 PASSED BY THE ADDITIONAL DISTRICT AND SESSION JUDGE TUMAKURU IN SC NO. 56/2018 FOR THE OFFENCES UNDER SECTION 302, 201 AND 397 OF IPC.

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THIS PETITION, COMING ON FOR

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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:32186 WP No. 15365 of 2025

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HC-KAR

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ORAL ORDER

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The petitioner is convicted for the offences punishable under Sections 302, 201 and 397 of IPC in SC No.56/2018 on the file of the Principal District and Sessions Judge, Tumakuru. The judgment is dated 19.03.2019, and the petitioner has filed an appeal against the judgment of conviction and the order of sentence in Criminal Appeal No.747/2019. The petitioner's bail application is still pending consideration. It is during the pendency of this application the petitioner has filed an application for parole which is rejected by the impugned Endorsement dated 02.04.2025.

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This Court is of the view that given the terms of

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the Karnataka Prisons and Correctional Services Manual 2021 that the petitioner must pursue the application filed in the criminal appeal before

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NC: 2025:KHC:32186 WP No. 15365 of 2025

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HC-KAR

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approaching the authorities for parole. With liberty

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