Sri.Jagadeesh Chandraraj Urs Vs the State of Karnataka

SRI.JAGADEESH CHANDRARAJ URS AGED ABOUT 55 YEARS, C/O M N SACHIDANAND R/A 757, 2^ND BLOCK, NEAR SRS SIGNAL, PEENYA, BENGALURU-560058. CTP NO.13460 (PRESENTLY LODGED IN JUDICIAL CUSTODY AT CENTRAL PRISON, BENGALURU)

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&PETITIONER

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(BY SRI. SPARSHA SHETTY.,ADVOCATE)

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AND:

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THE STATE OF KARNATAKA BY ITS SECRETARY,

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NC: 2026:KHC:2076 WP No. 31980 of 2025

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HC-KAR

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DEPARTMENT OF HOME, VIDHANA SOUDHA, BANGALORE- 560 001.

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THE ADDITIONAL GENERAL OF POLICE AND INSPECTOR GENERAL OF PRISON, NO.4, SHESHADRI ROAD, BANGALORE-560009.

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CHIEF SUPERINTENDENT, CENTRAL PRISON, BENGALURU-560100.

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&RESPONDENTS

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(BY SRI.B. RAVINDRANATH., AGA FOR R1 TO R3)

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI TO QUASH THE ENDORSEMENT BEARING NO.CPB/CTPSEC/20431/2024 DATED 14.02.2024 ANNX-B PASSED BY RESPONDENT NO.3 AS ARBITRARY, VIOLATIVE OF ARTICLE 21 OF THE CONSTITUTION OF INDIA; ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENTS TO RELEASE PETITIONER/CONVICTED PRISONER BEARING CTP NO.13460 ON GENERAL PAROLE FOR A PERIOD OF 90 DAYS IN ACCORDANCE WITH LAW CITING THAT

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NC: 2026:KHC:2076 WP No. 31980 of 2025

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HC-KAR

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ILLNESS OF THE CONVICT FATHER IN THE INTEREST OF JUSTICE.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD

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ORAL ORDER

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The petitioner is convicted for different offences, including the offence punishable under Sections 3(2) and 3(4) of the Karnataka Control of Organised Crimes Act (KCOCA), 2000 [for short, 'the KCOCA Act' ]. The petitioner has been in custody for over 11 years and 6 months and his sentence is for imprisonment for life under Section 3(2) of the KCOCA Act. The third respondent has rejected the petitioner's application for general parole vide the Endorsement dated 14.02.2024 [ Annexure-B ] because the petitioner stands trial in Special Case No. 91/2018 under Section 45 (1) read with Sections 3, 4 and 8 (5) of the Prevention of Money Laundering Act, 2002 observing that because of these pending

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NC: 2026:KHC:2076 WP No. 31980 of 2025

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HC-KAR

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proceedings against him he cannot be admitted to parole.

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Sri Sparsha Shetty, the learned counsel for the petitioner, submits that the third respondent could not have rejected the application on the ground of pendency because it would be indisputable that this Court, at the instance of other accused, has stayed all further proceedings in Spl.C.No.91/2018 pending on the file of the II Additional District and Sessions Judge, Special Court, D.K. Mangalore and that this interim order, which was in operation initially for a period of eight weeks, is continued from time to time. Sri.B.Ravindranath, the learned Additional Government Advocate, relying upon the statement of objections, which refers to the pending proceedings in Spl.C.No.91/2018, reiterates that the petitioner's application is rejected because of the pending proceedings.

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NC: 2026:KHC:2076 WP No. 31980 of 2025

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HC-KAR

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The application, after the Court's order dated 19.08.2025 in W.P.No.11541/2025 [GM-POLICE], is to be considered by the Director General of Prisons and Correctional Services. However, in the peculiarities of the case where the petitioner has been in custody for 11 years and 6 months and with the proceedings referred being stayed by this Court in Crl.P.No.8970/2018 and Crl.P.No.8522/2018, this

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Court finds that the petitioner must be admitted to general parole but on terms. Hence, the following:

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ORDER

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[A] The petition is allowed quashing the Endorsement dated 14.02.2024 [AnnexureB] directing the third respondent to admit the petitioner to general parole for ninety [90] days from 26.01.2026 subject to the terms as contemplated under the Karnataka Prisons and Correctional Services Manual - 2021 on receipt of certified copy of this order.

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NC: 2026:KHC:2076 WP No. 31980 of 2025

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HC-KAR

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[B] The third respondent shall stipulate

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conditions that will ensure the petitioner's return to the prison including the condition that the petitioner shall mark his attendance with the jurisdictional police at least once in every week when he is on parole.

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[C] The learned counsel for the petitioner is granted liberty to file a certified copy of this order with the third respondent [ by email: [email protected] ] addressed to the Chief Superintendent, Central Prison,

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Bengaluru - 560 100.

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SD/(B M SHYAM PRASAD) JUDGE

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SA ct:sr

Sri.Jagadeesh Chandraraj Urs v. the State of Karnataka

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Sri.Jagadeesh Chandraraj Urs v. the State of Karnataka

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