Sri Shivakumar @ Kumara vs The Chief Superintendent
2024 Latest Caselaw 10166 Kant

Citation : 2024 Latest Caselaw 10166 Kant
Judgement Date : 10 April, 2024

Karnataka High Court

Sri Shivakumar @ Kumara vs The Chief Superintendent on 10 April, 2024

Author: M.Nagaprasanna

Bench: M.Nagaprasanna

                                        -1-
                                                   NC: 2024:KHC:14650
                                                   WP No. 255 of 2024




                   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. 255 OF 2024 (GM-POLICE)
              BETWEEN:

              SRI SHIVAKUMAR @ KUMARA
              S/O LATE YALLAPPA,
              AGED ABOUT 36 YEARS,
              R/O BEHIND GUNDLAMMA TEMPLE,
              KYATHASANDRA,
              PRESENTLY IN CENTRAL JAIL,
              CTP NO.11401,
              PARAPPANA AGRAHARA,
              BENGALURU - 560 100.


                                                         ...PETITIONER
              (BY SRI SHIVA PRASAD S., ADVOCATE)

                 AND:
Digitally signed
by NAGAVENI
Location: HIGH 1. THE CHIEF SUPERINTENDENT
COURT OF            CENTRAL PRISON,
KARNATAKA           PARAPPANA AGRAHARA,
                    ELECTRONIC CITY POST,
                    BENGALURU - 560 100.

              2.    ASSISTANT SUPERINTENDENT CENTRAL PRISON
                    [ARA[[AMA AGRAJARA
                    ELECTRONIC CITY POST
                    BENGALURU - 560 100.
                               -2-
                                           NC: 2024:KHC:14650
                                          WP No. 255 of 2024




3.   THE SUPERINTENDENT
     DISTRICT POLICE HEAD QUARTERS,
     TUMAKURU DISTRICT,
     TUMAKURU - 572 104.

4.   THE POLICE SUB-INSEPCTOR
     KYATHASANDRA POLICE STATION,
     TUMAKURU - 572 104.


                                              ...RESPONDENTS
(BY SRI K.P.YOGANNA, AGA)

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO i)
QUASH THE OPINION REPORT OF THE R2 BEARING NO.
DCRB(3)PAROLE/9/2023 DTD 01.09.23 WITH REGARD TO THE
PAROLE OF PETITIONER I.E. SHIVAKUMAR @ KUMAR CTP NO.
11401 VIDE LETTER NO. KEKAABE / NYAAVI1 / PAROLE / 8770
/ 2023 AT ANNEXURE-A AND ETC.,

     THIS WRIT PETITION, COMING ON FOR ORDERS, THIS
DAY, THE COURT MADE THE FOLLOWING:
                           ORDER

The petitioner - convict (CTP No.11401) - Shivakumar @

Kumara, is before this Court seeking a direction by issuance of

a writ in the nature of mandamus to respondent No.1 to release

him on general parole for a period of 30 days in terms of the

Prison Manual.

NC: 2024:KHC:14650

2. Heard Sri Shivaprasad S., learned counsel for the

petitioner and Sri K.P.Yoganna, learned Additional Government

Advocate for the respondents - State.

3. The petitioner gets embroiled in a crime for offences

punishable under Sections 302, 201 and 397 of the IPC, in

S.C.No.56/2018 and suffers an order of conviction in terms of

the judgment of the Court of Sessions on 19.03.2019. The

petitioner has been in prison for the last 7 years. On

17.08.2023, the petitioner submits a representation for his

release on general parole, on the ground that his house is in

dilapidated condition and he wanted to get his house

renovated. A report is sought from the jurisdictional police,

which is adverse to the petitioner and an endorsement is issued

on 08.09.2023, declining to grant general parole to the

petitioner. It is therefore, the petitioner is knocking at the

doors of this Court seeking his enlargement on general parole

in the subject petition.

4. Learned counsel for the petitioner submits that the

petitioner has been in prison for the last 7 years. The house in

NC: 2024:KHC:14650

which the wife of the petitioner is living is in a dilapidated

condition and it is therefore, necessary to undertake temporary

repairs of the house and seeks general parole for 30 days.

5. Learned Additional Government Advocate on

verification of the records would submit that the conduct of the

petitioner in the prison is satisfactory and he has not involved

in any offence.

6. I have given my anxious consideration to the

submissions made by the learned counsel for the parties and

have perused the material on record.

7. The afore-quoted facts are not in dispute and

therefore, requires no reiteration. The imprisonment certificate

would indicate that he is in prison for the last 7 years and 2

months and has not been released on parole even once. The

conduct of the petitioner has been satisfactory and the reasons

for seeking general parole merits acceptance.

8. In the light of the afore-quoted reasons, I deem it

appropriate to grant the petitioner a general parole for a period

NC: 2024:KHC:14650

of 30 days, which becomes operational from the forenoon of

15.04.2024 upto the evening of 14.05.2024.

9. For the aforesaid reasons, the following:

ORDER

(i) The Writ Petition is allowed.

(ii) Mandamus issues to respondent No.1 to consider the representation of the petitioner and release the detenue/Shivakumar @ Kumara (CTP No.11401) on general parole from the forenoon of 15.04.2024 till the evening of 14.05.2024.

(iii) The petitioner - convict (CTP No.11401) - 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.11401) would evade going back to the gaol, after the expiry of the period of general parole.

(iv) Respondent No.1 shall stipulate strict conditions as are usually stipulated, to ensure return of the detenue to the gaol and that he shall not commit any other offence during the period of parole.