Karnataka High Court
Venkataraj @ Venkatarajappa vs State Of Karnataka on 20 September, 2024
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
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NC: 2024:KHC:38917
WP No. 25205 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
WRIT PETITION NO. 25205 OF 2024 (GM-POLICE)
BETWEEN:
VENKATARAJ @ VENKATARAJAPPA
S/O SHRI R. LAKHSMAIAH
AGED ABOUT 44 YEARS,
R/O CTP. NO. 4573,
CENTRAL PRISON HINDALAGA,
BELAGAVI, AS PETITIONER IS IN CUSTODY,
REPRESENTED BY HIS FATHER
SHRI R. LAKHSMAIAH
AGED ABOUT 80 YEARS,
JIGANI HOBLI, ANEKAL TALUK,
N. GOLLAHALLI, INDAIWADI POST,
GOLLAHALLI, BENGALURU,
KARNATAKA 562106.
...PETITIONER
(BY SRI. UMME SALMA, ADVOCATE)
AND:
Digitally signed by B 1. STATE OF KARNATAKA
K
MAHENDRAKUMAR DEPARTMENT OF HOME,
Location: HIGH
COURT OF
THROUGH ITS, PRINCIPAL SECRETARY
KARNATAKA VIDHANA SOUDHA, BENGALURU 560001.
2. THE CHIEF SUPERINTENDENT
CENTRAL PRISON, BELAGAVI 591108.
...RESPONDENTS
(BY SRI. SHAMANTH NAIK, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE
R2 THAT PETITIONER VENKATARAJ AT VENKATARAJAPPA (CTP-
4573) LODGED IN CENTRAL PRISON, BELAGAVI FOR 4 YEARS AND
8 MONTHS MAY BE ENLARGED / RELEASED OR GRANT GENERAL
PAROLE FOR A PERIOD OF 90 DAYS TO TAKE CARE AND GETTING
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NC: 2024:KHC:38917
WP No. 25205 of 2024
PROPER MEDICAL TREATMENT FOR HIS OLD AGED FATHER,
WHO IS SUFFERING FROM VARIOUS AILMENTS.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN
'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
ORAL ORDER
The petitioner (CTP No.4573) has been convicted for the offences punishable under Sections 302, 396, 457, 380, 201 of IPC, and sentenced to undergo life imprisonment.
2. The petitioner is seeking a directive to release the petitioner on parole citing that his father is aged 83 years old, who is diagnosed with acute exacerbation of COPD, CML (cancer at last stage) from 13.9.2024, and he has been advised hospital stay, and requires a caretaker to help with his needs, and the presence petitioner is required to provide the necessary treatment to his father. The petitioner is in custody for more than four years and eight months.
3. Given these circumstances, the petitioner has established a prima facie case for release the petitioner on parole. Accordingly, I pass the following:
ORDER
i) The petition is allowed.
ii) The respondent No.2 is directed to release the petitioner (CTP No.4573) on parole for a period of ninety days from -3- NC: 2024:KHC:38917 WP No. 25205 of 2024 the date of release subject to condition that the convict shall not involve in any unlawful activities during the period of parole.
iii) The respondent No.2 is at liberty to impose conditions as are usually stipulated to ensure the return of the convict to the prison, and that he shall not commit any other offence during the period of parole.
iv) The petitioner's to mark his attendance before the jurisdictional police on the first day of every week.
iv) The Registry to communicate this order to the Jail Authority through electronic mail.
Hand delivery ordered.
Sd/-
(HEMANT CHANDANGOUDAR) JUDGE BKM