Karnataka High Court
Mr Venkatesha vs The Superintendent Of Prison on 5 February, 2024
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
-1-
NC: 2024:KHC:4866
WP No. 23694 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 23694 OF 2023 (GM-POLICE)
BETWEEN:
MR.VENKATESHA
S/O MR.CHINNAPPA,
R/O 15/1/8 PALURU VILLAGE,
KUNGUNDI POST, KUPPAM MANDAL,
CHITTOOR DISTRICT,
ANDHRA PRADESH.
CURRENTLY LODGED IN
BANGALORE CENTRAL PRISON
AS CTP NO.10037.
...PETITIONER
(BY SMT.AKANKSHA NATESAN, ADVOCATE)
AND:
Digitally signed by
PADMAVATHI B K
1. THE SUPERINTENDENT OF PRISON
Location: HIGH
COURT OF BANGALORE CENTRAL PRISON
KARNATAKA
SAI SREE LAYOUT,
PARAPPANA AGRAHARA,
BENGALURU,
KARNATAKA - 560 068.
2. CHIEF SUPERINTENDENT OF POLICE
CHITTOOR DISTRICT,
DISTRICT POLICE OFFICE,
PRASANTH NAGAR,
CHITTOOR,
-2-
NC: 2024:KHC:4866
WP No. 23694 of 2023
ANDHRA PRADESH - 517 507.
3. INSPECTOR OF POLICE
KUPPAM URBAN POLICE STATION,
KRISHNAGIRI PALAMANER,
HIGHWAY, NETAJI ROAD,
BESIDE RTC BUS STAND,
CHITTOOR,
ANDHRA PRADESH - 517 425.
...RESPONDENTS
(BY SRI MANJUNATH K., HCGP.)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
DIRECT THE R1 TO ALLOW A GENERAL PAROLE OF THE
PETITIONER FOR A PERIOD OF THIRTY (30) DAYS; DIRECT THE
PETITIONERS PAROLE APPLICATION WHICH CAME TO BE
REJECTED VIDE ENDORSEMENT NO/BCP/J3/10037/2022-23
DTD 18.11.2023 (ANNEXURE-A) TO BE CONSIDERED AFRESH.
THIS WRIT PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner - convict (CTP No.10037) - Venkatesha, 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.
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2. Heard Smt. Akanksha Natesan, learned counsel for the
petitioner and Sri Manjunath, learned High Court Government
Pleader for the respondents - State.
3. A crime comes to be registered against the petitioner
in crime No.47/2012 for offences punishable under Sections
302, 504 and 506B of the IPC. The police after investigation
file a charge sheet and the case is registered as
S.C.No.13/2013. The petitioner gets convicted of the offences
in terms of the judgment of the concerned Court dated
05.01.2018. The petitioner prefers a criminal appeal in
Crl.A.No.444/2018 before this Court. The petitioner also files
an application seeking general parole and the same is rejected
by an endorsement dated 18.11.2022. The criminal appeal
preferred against the judgment of conviction passed by the
concerned Court comes to be dismissed in term of the
judgment of the Division Bench dated 12.04.2023. The
petitioner after the said dismissal of the criminal appeal, is
knocking at the doors of this Court seeking enlargement on
general parole.
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4. Learned counsel for the petitioner submits that the
petitioner has been in prison for the last 7 years 7 months 16
days as on 04.05.2023 and is close to 8 years today. The
petitioner has only availed emergency parole on one occasion.
The conduct of the petitioner in terms of the imprisonment
certificate is satisfactory and therefore, the petitioner is seeking
enlargement on general parole for the purpose of maintaining
family relationship and construction of a house.
5. Learned High Court Government Pleader would put up
objection to the grant of any parole on the score that the
criminal appeal filed by the petitioner is dismissed in terms of
the judgment of the Division Bench rendered in
Crl.A.No.444/2018 and therefore, he should not be released on
general parole. The petitioner has availed the opportunity of
getting released on parole on one occasion, it was on
emergency parole.
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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 issue lies in a narrow
compass. The only issue that falls for consideration is, whether
the petitioner would be entitled to the relief that is sought in
terms of his prayer.
8. The petitioner is seeking his enlargement on general
parole for the first time in the last 8 years for him being
imprisoned for the offences under Sections 302, 504 and 506-B
of the IPC. The criminal appeal filed against the judgment of
conviction by the petitioner comes to be dismissed in terms of
the judgment rendered by the Division Bench dated
12.04.2023, in Crl.A.No.444/2018.
9. The submissions of the learned High Court Government
Pleader are not acceptable. Only because the criminal appeal
preferred by the petitioner is dismissed by the Division Bench,
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cannot be a ground for rejection of the petition seeking general
parole and the petitioner who is a convict would become
himself entitled for grant of general parole. On an earlier
occasion, the parole granted to the petitioner was an
emergency parole and the one being sought in the subject
petition is general parole, which is only for the purpose of
maintaining family relationship and construction of the house,
which according to the averments in the petition, is in
dilapidated condition.
10. In the light of the afore-quoted reasons, I deem it
appropriate to grant the petitioner a general parole for a period
of 30 days, which becomes operational from the forenoon of
12.02.2024 upto the evening of 12.03.2024.
11. For the aforesaid reasons, the following:
ORDER
(i) The Writ Petition is allowed in part.
(ii) Mandamus issues to respondent No.1 to consider
the representation of the petitioner and release
the detenue/Venkatesha, (CTP No.10037) on
general parole from the forenoon of 12.02.2024,
till the evening of 12.03.2024.
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(iii) The petitioner - convict (CTP No.10037) - 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.10037) 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.
(v) Registry is directed to communicate this order to
respondent No.1, by way of electronic mail,
forthwith.
(vi) The petitioner is at liberty to seek extension of
parole, which shall be considered looking at the
conduct of the father of the petitioner - convict
while he is out on parole.
Sd/-
JUDGE
NVJ
