Karnataka High Court
Thirumalesha vs State Of Karnataka on 10 April, 2024
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
-1-
NC: 2024:KHC:14571
WP No. 28257 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 28257 OF 2023 (GM-POLICE)
BETWEEN:
THIRUMALESHA
S/O LATE ARASAPPA,
AGED ABOUT 35 YEARS,
R/AT KADANURUPALYA,
MADHUREHOBLI,
D.B.PURA TALUK,
BENGALURU RURAL DISTRICT
(CTP NO.10770)
...PETITIONER
(BY SRI PRASANNA KUMAR P. DAROJI, ADVOCATE)
AND:
1. STATE OF KARNATAKA
Digitally signed REPRESENTED BY ITS SECRETARIAT,
by NAGAVENI
DEPARTMENT OF HOME,
Location: HIGH
COURT OF VIDHANASOUDHA,
KARNATAKA BENGALURU - 560 001.
2. THE CHIEF-SUPERINTENDENT
CENTRAL PRISON,
PARAPPANAAGRAHARA,
BENGALURU - 580 100.
3. SUPERINTENDENT OF POLICE
BENGALURU DISTRICT,
-2-
NC: 2024:KHC:14571
WP No. 28257 of 2023
BENGALURU - 560 001.
...RESPONDENTS
(BY SRI K.P.YOGANNA, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE ENDORSEMENT AS ANNEXURE-J VIDE
NO.BCP/J3/649/2023 ISSUED BY THE R2 DATED 03/11/2023
BY DIRECTING THE R2 / CENTRAL PRISON, BANGALORE, TO
RELEASE ON PAROLE FOR THE PERIOD OF 30 DAYS TO THE
PRISONER / PETITIONER IN PRISONER CTP NO. 10770
CONVICTED BY THE JUDGMENT DATED 29/10/2018 PASSED BY
THE IV ADDL. DISTRICT AND SESSIONS JUDGE,
DODDABALLAPURA IN S.C. NO. 10007/2017 FOR THE
OFFENCES PUNISHABLE UNDER SECTION 302, 201 OF IPC.
THIS WRIT PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner - convict (CTP No.10770) - Thirumalesha,
is before this Court seeking a direction by issuance of a writ in
the nature of mandamus to the respondents to release him on
emergency parole for a period of 30 days in terms of the Prison
Manual, on account of his daughter coming to a marriageable
age and to search for a boy.
2. Heard Sri Prasanna Kumar P. Daroji, learned counsel
for the petitioner and Sri K.P.Yoganna, learned Additional
Government Advocate for the respondents - State.
NC: 2024:KHC:14571
3. The petitioner is a convict, who is suffering life
imprisonment for the offences under Sections 302 and 201 of
the IPC in S.C.No.10007/2017, in terms of the judgment of
conviction dated 29.10.2018. The petitioner has been in prison
for the last 5 years, 3 months and 27 days as on 31.10.2023.
The petitioner has been released on general parole for three
times in the past and his conduct during the period of paroles is
good and in the prison has been satisfactory, in terms of the
imprisonment certificate. There is no adverse remark indicated
in the report or the imprisonment certificate. What has driven
the petitioner to move the subject petition is the endorsement
issued by respondent No.2 dated 03.11.2023, rejecting his
application seeking general parole. Therefore, to search for a
boy to perform marriage with her daughter, the petitioner is
seeking emergency parole for a period of 30 days.
4. Learned High Court Government Pleader does not
object for grant of emergency parole to the petitioner on the
ground of performing the marriage of the petitioner's daughter.
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5. In the light of the aforesaid fact and circumstance as
projected by the petitioner, I deem it appropriate to grant
emergency parole for a period of 30 days, which period
commences from the forenoon of 15.04.2024 upto the evening
of 14.05.2024.
6. For the aforesaid reasons, the following:
ORDER
(i) The Writ Petition is allowed.
(ii) Mandamus issues to respondent No.2 to consider
the representation of the petitioner and release
the detenue/Thirumalesha, (CTP No.10770) on
emergency parole from the forenoon of
15.04.2024, till the evening of 14.05.2024.
(iii) The petitioner - convict (CTP No.10770) - 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.10770) would evade
going back to the gaol, after the expiry of the
period of general parole.
(iv) Respondent No.2 shall stipulate strict conditions
as are usually stipulated, to ensure return of the
NC: 2024:KHC:14571
detenue to the gaol and that he shall not commit
any other offence during the period of parole.
(v) Registry is directed to communicate this order to
respondent No.2, by way of electronic mail,
forthwith.
Sd/-
JUDGE
NVJ
