Disposed¶34

Mr. Naveen Kumar @ Naveen v. State of Karnataka

Karnataka HC10 Mar 2025WP/33649/2024

Case brief

AI extract

What is this about?

Writ Petition (GM-POLICE) No. 33649 of 2024, High Court of Karnataka at Bengaluru, decided 10-03-2025 by M.Nagaprasanna, J. Naveen Kumar @ Naveen v. State of Karnataka. Challenge under Articles 226/227 to endorsement dated 30.10.2024 refusing 90-day general parole to a convict under Sections 363 and 6 of the POCSO Act, 2012 (CTP No. 10619); petitioner had served less than two years; held not entitled to parole until two years completed; petition disposed with liberty to reapply thereafter. No precedent discussed; no costs or quantum.

What did the court decide?

No immediate relief; liberty reserved to the petitioner to approach the Court for release on parole after completing two years of imprisonment. ¶34

Mr. Naveen Kumar @ Naveen Vs State of… — Child Sexual Offences (POCSO) | Karnataka HC (2025)

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NC: 2025:KHC:9973 WP No. 33649 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10^TH DAY OF MARCH, 2025

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BEFORE

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THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 33649 OF 2024 (GM-POLICE)

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BETWEEN:

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MR. NAVEEN KUMAR @ NAVEEN, S/O. REVANAPPA, AGED ABOUT 24 YEARS, R/AT KOTHURU VILLAGE, SRINIVASPUR TALUK, KOLAR-563 135, (NOW IN CUSTODY - CENTRAL PRISON, BENGALURU)

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…PETITIONER

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(BY SRI. KIRAN S. S., ADVOCATE)

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AND:

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Digitally signed by NAGAVENI Location: High Court of Karnataka

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STATE OF KARNATAKA REPRESENTED BY ITS SECRETARIAT, DEPARTMETN 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 NO. 45PJ + 5C9, KOLAR-563 103.

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…RESPONDENTS

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(BY SRI. RAHUL CARIAPPA, AGA)

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NC: 2025:KHC:9973 WP No. 33649 of 2024

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT AS ANNX-A ISSUED BY THE R-2 DATED 30.10.2024 BY DIRECTING THE R-2/CENTRAL PRISON, BANGALORE, TO RELEASE THE PETITIONER ON PAROLE FOR A PERIOD OF 90 DAYS IN PRISONERS CTP NO. 10619 CONVICTED BY THE JUDGEMENT AND ORDER DATED 10.04.2023 PASSED BY THE HONBLE ADDITIONAL DISTRICT AND SESSION JUDGE, KOLAR IN SPL.C.C.NO. 8/2021 FOR THE OFFENCES PUNISHABLE U/SEC 363 AND 6 OF POCSO ACT, 2012.

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

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CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA

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ORAL ORDER

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The petitioner is before this Court seeking the following

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prayer:

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"1. Issue a Writ of Certiorari by quashing the endorsement as ANNEXURE-A issued by the 2nd Respondent dated 30/10/2024 by directing the Respondent No.2/Central Prison, Bangalore, to release the Petitioner on parole for a period of 90 days in prisoner CTP No. 10619 convicted by the judgement and order dated 10.04.2023 passed by the Hon'ble Additional District and Session Judge, Kolar in SPL.C.C.No.8/2021 for the offences punishable U/sec 363, & 6 of POCSO Act, 2012 in the interest of justice and equity.

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2. Issue such other suitable orders or direction as this Hon'ble court deems fit and proper in the nature and circumstances of the case, in the interest of justice and equity."

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NC: 2025:KHC:9973 WP No. 33649 of 2024

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Heard Sri.Kiran.S.S learned counsel appearing for

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the petitioner and Sri.Rahul Cariappa learned AGA appearing for the respondents.

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The petitioner has been in prison for less than two years now and is now seeking his release on general parole. Therefore, the petitioner unless completes two years would not become entitled to grant any parole in terms of present manner.

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In the light, the petition is disposed, reserving liberty to the petitioner to knock at the doors of this Court or seeking release on parole once he completes the said two years.

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Ordered accordingly.

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With the aforesaid observations, the petition is disposed.

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Sd/-

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______________________ JUSTICE M.NAGAPRASANNA

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List No.: 1 Sl No.: 42