Mr Ganesha @ Gani Vs the Chief Superintendent… — Writ and Judicial Review | Karnataka HC (2025)

Mr Ganesha @ Gani Vs the Chief Superintendent… — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Writ petition allowed; petitioner-convict (CTP No.787) to be released on parole for 30 days, from the forenoon of 09.04.2025 till the evening of 08.05.2025, subject to strict usual conditions and weekly attendance at the jurisdictional police station, with liberty to seek extension depending on his conduct during parole.

Issue for consideration

Whether the convict-petitioner, whose parole requests were rejected on 23/09/2023 and 07/06/2024, should be released on parole for 30 days, this being his first parole application, made on the demise of his father.

Court's answer

In view of the petitioner seeking parole for the first time, and on the circumstance of the demise of his father, the Court deemed it appropriate to grant parole for 30 days, operational from 09.04.2025 to 08.05.2025.

Ratio / Principle

Mandamus issued to the respondents to consider the petitioner's representation and release him on parole for 30 days, from the forenoon of 09.04.2025 till the evening of 08.05.2025.

Key takeaways

Respondents to stipulate strict conditions, as usually stipulated, to ensure the return of the detenue (CTP No.787) to gaol and that the petitioner commits no offence during parole.ratio¶¶36
During parole, the convict (CTP No.787) shall mark attendance at the jurisdictional police station weekly once, with the jurisdictional police responsible for taking him back to gaol if he evades return.ratio¶¶37
The petitioner is at liberty to seek extension of parole, to be considered looking at his conduct while out on parole.

Detailed headnote1 paragraphs

High Court of Karnataka (M. Nagaprasanna J.) allowed Writ Petition No. 18423 of 2024 (GM-Police) filed under Article 226 of the Constitution by convict Ganesha @ Gani (CTP No. 787), who was convicted on 15.07.2021 in S.C.No.84/2015 for an offence punishable under Section 326A read with Section 34 IPC and had been in prison for 3 years and 4 months. His parole requests had been rejected on 23/09/2023 and 07/06/2024. Since this was his first parole application, made on the demise of his father, the Court granted parole for 30 days operational from 09.04.2025 to 08.05.2025, issuing mandamus to the respondents to consider his representation and release him. Strict usual conditions were directed, including weekly-once attendance at the jurisdictional police station, with the police responsible for returning him to gaol if he evaded return, and liberty reserved to seek extension based on his conduct while on parole.

NC: 2025:KHC:14743 WP No. 18423 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 7^TH DAY OF APRIL, 2025

BEFORE

THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 18423 OF 2024 (GM-POLICE)

BETWEEN:

MR. GANESHA @ GANI, AGED ABOUT 42 YEARS, BEARING CTP NO. 787, S/O VITALA MENASE, BHRATHI NAGARA, SRINGERI TALUKU CHIKKAMAGALURU DIST. - 577 139.

…PETITIONER

(BY SRI. TALHA ISMAIL BENGRE, ADVOCATE)

AND:

Digitally signed by NAGAVENI Location: High Court of Karnataka

THE CHIEF SUPERINTENDENT OF PRISON CENTRAL PRISON, SHIVAMOGGA - 577 222.

INSPECTOR STATION HOUSE OFFICER, BHRATHI STREET, POLICE STATION ROAD, SRINGERI - 577 139.

…RESPONDENTS

(BY SRI. RAHUL CARIAPPA, AGA)

THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO 1) SET ASIDE THE

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NC: 2025:KHC:14743 WP No. 18423 of 2024

PAROLE REJECTION ORDERS DATED 23/09/2023 AND 07/06/2024 PASSED BY RESPONDENT AND ETC.

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

CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA

ORAL ORDER

The convict himself is at the doors of this Court seeking his release on parole for a period of 30 days.

Heard Sri. Talha Ismail Bengre, learned counsel

appearing for the petitioner, Sri. Rahul Cariappa, learned AGA appearing for the respondents and have perused the material on record.

The petitioner gets embroiled in a crime for the offence punishable under Section 326A read with Section 34 of the IPC and he is tried in S.C.No.84/2015. The concerned Court, in terms of its order dated 15.07.2021, convicts the petitioner for the aforesaid offence. The petitioner has been in prison since 3 years and 4 months and seeking his release of parole on the demise of his father.

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NC: 2025:KHC:14743 WP No. 18423 of 2024

In the light of the petitioner seeking the parole for

the first time and on this circumstance of demise of his father, I deem it appropriate to grant the petitioner parole for a period of 30 days, which would become operational from 09.04.2025 to 08.05.2025.

For the aforesaid reasons, the following:

ORDER

(i) Writ Petition is allowed.

(ii) Mandamus issues respondents to consider the representation of the petitioner and release him on parole for 30 days, from the forenoon of 09.04.2025, till the evening of 08.05.2025.

(iii) Respondents shall stipulate strict conditions as are usually stipulated, to ensure the return of the detenue (CTP No.787) to the gaol and that the petitioner shall not commit any other offence during the period of parole.

(iv) The convict (CTP No.787) shall mark his attendance in the jurisdictional police station, weekly once throughout the period of his parole and it would be the responsibility of the jurisdictional police to take him to gaol, in the event, the convict would evade going back to

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NC: 2025:KHC:14743 WP No. 18423 of 2024

the gaol, after the expiry of the period of parole.

(v) Registry is directed to communicate this order to respondents, by way of electronic mail, forthwith.

(vi) The petitioner is at liberty to seek extension of parole, which shall be considered looking at his conduct while he is out on parole.

Sd/(M.NAGAPRASANNA) JUDGE

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