Karnataka High Court
N C Mukunda vs The Chief Superintendent Central ... on 27 February, 2024
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
-1-
NC: 2024:KHC:8034
WP No. 5843 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 5843 OF 2024 (GM-POLICE)
BETWEEN:
N C MUKUNDA
S/O N N CHIKKANNA
AGED ABOUT 45 YEARS,
NO.14, 5TH CROSS,
6TH MAIN ROAD, SVG NAGAR
NAGARABAVI MAIN ROAD,
BENGALURU-560 072.
...PETITIONER
(BY SRI. PRADEEP PATIL, ADVOCATE)
AND:
1. THE CHIEF SUPERINTENDENT,
CENTRAL PRISON,
PARAPPANA AGRAHARA,
Digitally signed BENGALURU-560 100.
by NAGAVENI
Location: HIGH 2. THE DIRECTOR GENERAL OF POLICE
COURT OF PRISONS AND CORRECTIONAL SERVICES,
KARNATAKA SESHADRI ROAD,
BENGALURU-560 003.
...RESPONDENTS
(BY SRI. K.S. HARISH, GOVT. ADVOCATE)
THIS WP IS FILED UNDER ARTICLES OF 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
ENDORSEMENT DATED 07.12.2023 VIDE NO. CPB/CTP-
SEC/13234/2023 ISSUED BY THE R-1 PRODUCED AS
ANNX-C. DIRECTION IN THE NATURE OF MANDAMUS TO THE
-2-
NC: 2024:KHC:8034
WP No. 5843 of 2024
RESPONDENTS TO GRANT OF EMERGENCY PAROLE FOR A
PERIOD OF 15 DAYS SO AS TO ENABLE HIM TO ATTEND HIS
AILING MOTHER.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner is before this Court seeking the following
prayer:
(a) Issue a writ, order or direction in the
nature of certiorari to quash the endorsement
dated 07.12.2023 vide No.CPB/CTP-
SEC/13234/2023 issued by the respondent No.1
produced as ANNEXURE-C.
(b) Issue a Writ, Order or direction in the
nature of mandamus to the respondents to grant of
emergency parole for a period of 15 days so as to
enable him to attend his ailing mother.
(c) Pass such other orders/directions
considering the facts and circumstances of the case
together as to costs in the interest of justice.
2. Heard Sri.Pradeep C. Patil, learned counsel for the
petitioner and Sri.K.S.Harish, learned Government Advocate for
the respondents.
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3. The petitioner gets embroiled in a quasi criminal
proceedings under Section 138 of the Negotiable Instruments
Act in C.C.No.13872/2008 and is convicted for the said offence
pursuant to the judgment of the learned Magistrate dated
10.10.2017.
4. The petitioner was then sentenced to imprisonment for
a period of two years for the offence punishable under Section
138 of the Negotiable Instruments Act in C.C.No.13872/2008.
Unable to pay the fine, the petitioner continues to be in prison.
What has driven the petitioner at this juncture is seeking his
release on emergency parole on the score that his mother is on
the death bed. A Certificate issued by the Hospital is also
appended to the petition.
5. In the light of the extenuating circumstance of mother
being ill, which according to the petitioner is on her death bed,
the petitioner shall be released on parole for a period of 30 days
commencing from the forenoon of 1st March, 2024.
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6. For the aforesaid reasons, the following:
ORDER
(i) The Writ Petition is allowed.
(ii) Mandamus issues to respondents to consider the
representation of the petitioner and release the
detenue/N.C.Mukunda (CTP No.13975) on
emergency parole for 30 days from the forenoon
of 01.03.2024 upto 4.00 p.m. of 30.03.2024.
(iii) The respondents 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
emergency parole.
(iv) The convict (CTP No.13975) - the petitioner
shall mark his attendance in the jurisdictional
police station, weekly once throughout the
period of his emergency parole and it would be
the responsibility of the jurisdictional police to
take him to gaol, in the event, the convict (CTP
No.13975) would evade going back to the gaol,
NC: 2024:KHC:8034
after the expiry of the period of emergency
parole.
(v) Registry is directed to communicate this order to
respondents, 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 petitioner - convict while he is
out on emergency parole.
Sd/-
JUDGE
AP
CT:TSM
