Banu Vs State of Karnataka

Digitally signed by SHWETHA RAGHAVENDRA 2. CHIEF SUPERINTENDENT OF POLICE Location: HIGH CENTRALPRISON COURT OF PARAPANA AGRAHARA KARNATAKA BANGALORE-560100 REP BY AG

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…RESPONDENTS

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(BY SMT.K.P.YASHODA, AGA FOR R1 AND R2)

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-QUASH THE ENDORSEMENT BEARING NO. CPB/CTP-SEC/23389/2025 DATED 29.03.2025 ISSUED BY R2 AT ANNEXURE-A AND

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2 - NC: 2025:KHC:45556 WP No. 17157 of 2025

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HC-KAR

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RELEASE PETITIONER DAUGHTER SHABREEN TAJ (CONVICTED PRISONER NO. 10834) ON PAROLE., AND ETC.

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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 SURAJ GOVINDARAJ

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ORAL ORDER

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The petitioner who is the mother of Shabreen Taj

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CTP No. 10834 and mother-in-law of Syed Salman, and mother-in-law of Sayed Salman, CTP

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No. 12341 is before this court seeking for the

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following reliefs:

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"Wherefore, the Petitioner most humbly prays before this Honourable Court that it may be pleased to:

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a. Issue a writ, direction or order in the nature of Writ of Certiorari and quash the endorsement bearing no. CPB/CTP-Sec/23389/2025 dated 29.03.2025 issued by Respondent.no.2 at Annexure A and release petitioner daughter Shabreen Taj(Convicted prisoner No.10834) on parole.

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b. Issue a writ, direction or order in the nature of Writ of Certiorari and quash the endorsement bearing no. CPB/CTP-Sec/151/2025 dated at Annexure and release 02.04.2025 issued by Respondent.no.2 Syed Salman Shan petitioner son-in-law (Convicted prisoner No.12341) on parole.

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HC-KAR

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c. Any other order that this honorable court deems fit in the interests of justice, equity and good conscience."

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The said Shabreen Taj and Syed Salman had been convicted in Special CC No. 515/2024 for offences under Sections 302, 201, 364-A, r/w 34 of the IPC and sentenced to life imprisonment among other sentences.

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The petitioner had made an application for parole on behalf of the aforesaid detenues which came to be rejected on the ground that there is one other case which is pending against them in SC No. 1327/2014 under Section 302 of the IPC. In that background, the petitioner is before this Court seeking for the aforesaid reliefs.

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Submission of learned counsel for the petitioner is that the said SC No. 1327/2014 has been pending from the year 2014 and only 14 witnesses have

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NC: 2025:KHC:45556 WP No. 17157 of 2025

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HC-KAR

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been examined. There are many more witnesses

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who are required to be examined.

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Insofar as the detenues in the present matter are concerned, they have served 10 years, 8 months, 26 days as on 05.04.2025, as per the Imprisonment Certificate. There is no other allegation or complaint against the detenues as regards their conduct or otherwise. She submits that the detenues will comply with any and all directions which may be issued by this Court and they would return back to jail as soon as the period of parole comes to an end.

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In that view of the matter, I pass the following:-

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ORDER

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i. The writ petition is allowed .

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ii. Respondent No.2 - the Chief Superintendent, Central Prison, Parapana Agrahara, Bengaluru,

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HC-KAR

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is directed to release the Shabreen Taj, CTP No. 10834 and Sayed Salman, CTP No. 12341 on parole for a period of 30 days commencing from 14.11.2025 subject to the following conditions:

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A. The prisoners CTP No. 10834 and CTP No. 12341 shall mark their attendance in the jurisdictional Police Station, weekly once throughout the period of their parole and it would be the responsibility of the jurisdictional Police to take them to gaol, in the event, the convicts (CTP No. 10834 or CTP No. 12341) would evade going back to the gaol, after the expiry of the period of parole.

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B. Respondent No.1 shall stipulate strict conditions as are usually stipulated to ensure return of the detenues to the gaol

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