Karnataka High Court
Sri Chidambaram @ Jeeva vs The Director General Of Police on 15 April, 2024
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
-1-
NC: 2024:KHC:14821
WP No. 10337 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. 10337 OF 2024 (GM-POLICE)
BETWEEN:
SRI. CHIDAMBARAM @ JEEVA
S/O LATE SUBRAMANI
AGED ABOUT 28 YEARS
R/AT: NO.151, 8TH MAIN
9TH CROSS, CHANDRANAGAR
BENGALURU - 560 078
PRESENTLY SERVING SENTENCE
IN BENGALURU CENTRAL PRISON
(CTP NO. 11476)
...PETITIONER
(BY SRI. MONESH KUMAR K. B., ADVOCATE)
AND:
Digitally signed 1. THE DIRECTOR GENERAL OF POLICE
by NAGAVENI
Location: HIGH PRISONS AND CORRECTIONAL SERVICES
COURT OF SESHADRI ROAD, BENGALURU - 560 003.
KARNATAKA
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
QUASH THE ENDORSEMENT DTD 10.11.2023 VIDE NO.BCP/J3-
-2-
NC: 2024:KHC:14821
WP No. 10337 of 2024
650/2023 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.11476) - Chidambaram
@ Jeeva, 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 wife suffering from
ailments and also seeks quashment of an endorsement dated
10.11.2023, issued by respondent No.2, rejecting his
application seeking emergency parole.
2. Heard Sri Monesh Kumar K.B., 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 and 302
of the IPC in S.C.No.1269/2013, in terms of the judgment of
conviction dated 21.08.2019. The petitioner has been in prison
for the last 4 years and 2 months as on 22.11.2023. The
NC: 2024:KHC:14821
petitioner has been released once on emergency parole in the
past and his conduct during the period of parole 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 10.11.2023, rejecting his application
seeking emergency parole. The averment in the petition is
that, the wife of the petitioner is suffering from health problems
and need treatment. The petitioner is wanting to attend to his
wife and be with the family and therefore, 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 but would
submit that the petitioner has already availed emergency
parole in the past.
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
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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/Chidambaram @ Jeeva, (CTP
No.11476) 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
10.11.2023, stands quashed.
(iv) The petitioner - convict (CTP No.11476) - 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.
(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.
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(vi) Registry is directed to communicate this order to
respondent No.2, by way of electronic mail,
forthwith.
Sd/-
JUDGE
NVJ
CT:SS
