Karnataka High Court
Sri. Ananda @ Kuppa vs The Director General Of Police on 15 April, 2024
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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NC: 2024:KHC:14822
WP No. 10329 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 10329 OF 2024 (GM-POLICE)
BETWEEN:
SRI. ANANDA @ KUPPA
S/O SUNDARESHA
AGED ABOUT 25 YEARS
R/AT NO.108, ANNAMMANAPALYA
HOSAPALYA MAIN ROAD
HOSUR ROAD, BENGALURU - 560 068
PRESENTLY SERVING SENTENCE
IN BENGALURU CENTRAL PRISON
(CTP NO.11209)
...PETITIONER
(BY SRI. PRADEEP PATIL, ADVOCATE)
AND:
Digitally signed
by NAGAVENI 1. THE DIRECTOR GENERAL OF POLICE
Location: HIGH PRISONS AND CORRECTIONAL SERVICES
COURT OF
KARNATAKA SESHADRI ROAD, BENGALURU - 560 003.
2. THE CHIEF SUPERINTENDENT
CENTRAL PRISON
PARAPPANA AGRAHARA
BENGALURU - 560 100.
...RESPONDENTS
(BY SRI. K.P.YOGANNA, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
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NC: 2024:KHC:14822
WP No. 10329 of 2024
QUASH THE ENDORSEMENT DTD.12.07.2023 VIDE NO.
BCP/J3/632/2023 ISSUED BY THE R-2 PRODUCED AS ANNX-C
AND ETC.,
THIS WRIT PETITION, COMING ON FOR ORDERS, THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner - convict (CTP No.11209) - Ananda @
Kuppa, 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 mother suffering from
ailments and also seeks quashment of an endorsement dated
12.07.2023, issued by respondent No.2, rejecting his
application seeking emergency parole.
2. Heard Sri Pradeep Patil, learned counsel for the
petitioner and Sri K.P.Yoganna, learned Additional Government
Advocate for the respondents - State.
3. The petitioner is a convict, who is suffering life
imprisonment for the offences under Sections 143, 147, 148,
120B and 302 of the IPC in S.C.No.891/2017, in terms of the
judgment of conviction dated 20.04.2019. The petitioner has
NC: 2024:KHC:14822
been in prison for the last 7 years and 8 months as on today.
The petitioner has been released on general parole and also
emergency parole in the past on four occasions. 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
12.07.2023, rejecting his application seeking emergency
parole. The averment in the petition is that, his mother is
suffering from health problems and need treatment. The
petitioner is wanting to attend to his mother and the mother is
also desirous of being with the petitioner. Therefore, the
petitioner is seeking emergency parole for a period of 30 days.
4. Learned High Court Government Pleader objects for
grant of emergency parole to the petitioner and contends that
the petitioner is released on four occasions both on general
parole and emergency parole as well, in the past.
NC: 2024:KHC:14822
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 18.04.2024 upto the evening
of 17.05.2024.
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/Ananda @ Kuppa, (CTP No.11209)
on emergency parole from the forenoon of
18.04.2024, till the evening of 17.05.2024.
(iii) As a matter of form, the endorsement dated
12.07.2023, stands quashed.
(iv) The petitioner - convict (CTP No.11209) - 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.11476) would evade
going back to the gaol, after the expiry of the
period of emergency parole.
NC: 2024:KHC:14822
(v) Respondent No.2 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.
(vi) Registry is directed to communicate this order to
respondent No.2, by way of electronic mail,
forthwith.
Sd/-
JUDGE
NVJ
CT:SS
