Sri Mohammed Peer @ Munna Vs the Chief Superintendent

SRI. MOHAMMED PEER @ MUNNA S/O MOHAMMED GHOUSE, AGED ABOUT 43 YEARS, RESIDENT OF HARANGI DAM VILLAGE AND POST, SOMAWARPETE TALUQA KODAGU DISTRICT - 571 234

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…PETITIONER

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(BY SRI. PRADEEP PATIL, ADVOCATE FOR SRI. PRATHAP S.S, ADVOCATE)

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AND:

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Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA

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THE CHIEF SUPERINTENDENT CENTRAL PRISON, PARAPPANA AGRAHARA BENGALURU - 560 100.

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THE DIRECTOR GENERAL OF POLICE PRISONS AND CORRECTIONAL SERVICES NO 4, SHESHADRI ROAD, BENGALURU - 560 009.

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THE SUPERINTENDENT OF POLICE KODAGU DISTRICT, MADIKERI - 571 201.

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…RESPONDENTS

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(BY SMT. K.P. YASHODHA, AGA FOR R1 TO R3)

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NC: 2025:KHC:40744 WP No. 30955 of 2025

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HC-KAR

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THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT DATED 28.09.2025 VIDE NO. CPB/CTPSEC/12773/2025 ISSUED BY THE R-1 PRODUCED AS ANNX-D 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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Learned AGA accepts notice for respondents No. 1 to 3.

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The petitioner is before this court seeking for the following reliefs:

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i. Issue a Writ, Order or direction in the nature of Certiorari to quash the endorsement dated 28.09.2025 vide No.CPB/CTP-SEC/12773/2025 issued by the Respondent No.1 produced as ANNEXURE-D.

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ii. Issue a Writ Order or direction in the nature of mandamus to the Respondents to grant of General parole for a period of 90 days so as to enable him to attend his ailing mother.

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iii. Pass such other orders/directions considering the facts and circumstances of the case together as to costs in the interest of justice.

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The wife of Sri Mohammed Peer @ Munna, CTP No.8176, has filed the above petition seeking general parole of the

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convict on the ground that his mother is to undergo a

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3 - NC: 2025:KHC:40744 WP No. 30955 of 2025

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HC-KAR

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cataract operation and she having multiple health issues like uncontrolled hypertension, diabetes, bilateral vision, scoliosis and spondylosis. Her only son would be required during the course of the operation.

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The petitioner-convict had been sentenced in S.C.No.99/2007 by the VIIth Additional District and Sessions Court, Bengaluru Rural District, for offences punishable under Sections 302, 324, 341, 427 read with Section 34 of the IPC, with the maximum punishment being life imprisonment and has served in all 9 years, 5 months and 22 days of incarceration. The petitioner or the convict had also been released on general parole five earlier times and emergency parole on one occasion.

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In that view of the matter, the documents would indicate that the convict has complied with the direction which had been issued earlier. For that reason, as also taking into account the surgery required to be performed on the mother of the convict, I pass the following;

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NC: 2025:KHC:40744 WP No. 30955 of 2025

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HC-KAR

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ORDER

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i. The writ petition is allowed .

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ii. Respondent No.1the Chief Superintendent, Central Prison, Parappana Agrahara is directed to release the Mohammed Peer @ Munna (CTP No.8176) on parole for a period of 30 days commending from 15.10.2025, subject to the following conditions.

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A. The prisoner (CTP No.8176) 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 (CTP No.8176) would evade going back to the gaol, after the expiry of the period of general parole.

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