Karnataka High Court
Shobha Nanjuda vs State Of Karnataka on 14 November, 2024
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
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NC: 2024:KHC:46284
WP No. 30471 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
WRIT PETITION NO. 30471 OF 2024 (GM-POLICE)
BETWEEN:
SHOBHA NANJUDA,
W/O. NANJUNDA SHIVARAJ CTP 00828,
AGED ABOUT 46 YEARS,
RESIDING AT NO. 238,
6TH CROSS, CHAMUNDI HILL ROAD,
J. C. NAGARA, DISTRICT MYSURU,
KARNATAKA - 570 011.
...PETITIONER
(BY SRI. VASIM PASHA.,ADVOCATE)
AND:
1. STATE OF KARNATAKA,
HOME DEPARTMENT,
THROUGH PRINCIPAL SECRETARY,
VIDHANA SOUDHA,
BENGALURU - 560 001.
Digitally signed by B
K
MAHENDRAKUMAR
Location: HIGH 2. CHIEF SUPERINTENDENT,
COURT OF
KARNATAKA CENTRAL PRISON,
MYSORE - 570 007.
...RESPONDENTS
(BY SRI. K. P. YOGANNA., AGA)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
CONSTITUION OF INDIA PRAYING TO DIRECT THE RESPONDENT
THAT PETITIONERS HUSBAND NANJUNDA SHIVARAJ CTP 00828
WHO IS PRESENTLY LODGED IN CENTRAL PRISON MYSORE AS
CONVICT PRISONER UNDERGOING LIFE SENTENCE SINCE 9
YEARS MAY BE ENLARGED/RELEASED ON GENERAL PAROLE
FOR A PERIOD OF 90 DAYS IN ACCORDANCE WITH LAW TO MEET
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NC: 2024:KHC:46284
WP No. 30471 of 2024
AND TO TAKE CARE OF HIS AILING WIFE AS WELL AS TO BARE
ALL THE MEDICAL EXPENSES.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
ORAL ORDER
Heard learned counsel for the petitioner and learned AGA for the respondents.
2. The petitioner's husband, Nanjunda Shivaraj (CTP No. 00828), is serving a life sentence in Mysore prison for offences punishable under Sections 420, 506, 435, 436 of the IPC and Section 3 of the Explosive Substances Act.
3. The petitioner's husband was convicted in two criminal cases and sentenced to undergo ten years of imprisonment in one case and three years of imprisonment in another case.
4. The petitioner seeks a directive from the respondent to release her husband on parole, citing her own health issues, including chest pain, hypertension (HTN), tuberculosis (TB), back ache, and abdominal pain, for which she has been advised bed rest, as evidenced by the medical certificate issued by Krishnarajendra Hospital, Mysore.
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5. The convict's presence is required to provide support and treatment to his wife. The petitioner's husband has served more than eight years of imprisonment as of today, and on a previous occasion, he was not released on parole.
6. In light of these circumstances, the petitioner has established a prima facie case for the release of her husband on parole. Accordingly, I pass the following:
ORDER
i) Writ petition is allowed.
ii) The respondent No.2 is hereby directed to release the petitioner's husband, Nanjunda Shivaraj, CTP No.00828 on parole for 90 days from the date of release, subject to convict undertaking not to involve in unlawful activities.
iii) The respondents shall impose strict conditions as are usually stipulated to ensure the return of the detenue to the jail and the convict shall not commit any other offence during the period of parole.
iv) Violation of any of the parole conditions would result in cancellation of parole.-4-
NC: 2024:KHC:46284 WP No. 30471 of 2024
v) The Registry is directed to communicate this order to the jail authority, by way of electronic mail.
Sd/-
(HEMANT CHANDANGOUDAR) JUDGE AM List No.: 1 Sl No.: 22