Karnataka High Court
Vilas Tigadi vs State Of Karnataka on 14 November, 2024
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
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NC: 2024:KHC:46285
WP No. 30449 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. 30449 OF 2024 (GM-POLICE)
BETWEEN:
VILAS TIGADI,
S/O GURUSIDDAPPA,
BROTHER OF SANJU @ BABU CTP-3950,
AGED ABOUT 37 YEARS,
R/O NO E 1202, ROHAN AKRITI,
JAYANAGAR HOUSING SOCIETY,
GUBBALALA, BENGALURU,
KARNATAKA - 560 061.
...PETITIONER
(BY SMT. UMME SALMA., FOR
SRI. MOHD JAVED., ADVOCATE)
AND:
1. STATE OF KARNATAKA,
HOME DEPARTMENT,
THROUGH PRINCIPAL SECRETARY,
Digitally signed by B VIDHANA SOUDHA, BENGALURU - 560 001.
K
MAHENDRAKUMAR
Location: HIGH
COURT OF
KARNATAKA
2. CHIEF SUPERINTENDENT,
CENTRAL PRISON BELAGAVI - 591 108.
...RESPONDENTS
(BY SRI. K. P. YOGANNA., AGA)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
CONSTITUION OF INDIA PRAYING TO DIRECT THE R-2 THAT
PETITIONERS BROTHER SANJU ALIAS BABU CTP-3950
CONVICTED FOR LIFE SINCE 7 YEARS 8 MONTHS PRESENTLY
LODGED IN R-2 s CENTRAL PRISON BELAGAVI MAY BE
ENLARGED/RELEASED ON GENERAL PAROLE FOR A PERIOD OF
90 DAYS FOR THE PURPOSE OF PETITIONERS MOTHER SERIOUS
HEALTH CONDITION AND THE RECENT LOSS OF HIS FATHER, THE
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NC: 2024:KHC:46285
WP No. 30449 of 2024
PETITIONERS BROTHER PRESENCE IS URGENTLY NEEDED TO
PROVIDE PHYSICAL SUPPORT DURING THIS CHALLENGING TIME.
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 brother, Sanju @ Babu (CTP No. 3950), has been convicted for offences punishable under Sections 376(d), 395, 341, 385, 504, 506 of the IPC, Sections 4, 6, 8 of the POCSO Act, 2012, and Section 67 of the IT Act, and sentenced to undergo life imprisonment.
3. The petitioner seeks a directive for the release of his brother on parole, citing that their mother has been diagnosed with K/C/O hypertension (uncontrolled), Type-2 diabetes mellitus, a left ovarian haemorrhagic cyst, moderate free fluid in the peritoneal cavity, suggestive of pelvic inflammatory disease with anemia. The petitioner contends that the presence of the convict is required to provide support, care, and further treatment for their mother.
4. The petitioner's brother has served more than seven years of sentence as of today, and on a previous occasion, he was not released on parole. The custody certificate indicates that there are no pending under-trial cases.
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5. In light of the above circumstances, the petitioner has established a prima facie case for the release of his brother on parole. Accordingly, I pass the following:
ORDER
i) Writ petition is allowed.
ii) The 2nd respondent is hereby directed to release the petitioner's brother, viz., Sanju @ Babu, CTP No.3950 on parole for a period of 90 days from the date of his 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.
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.: 16