Karnataka High Court
Vilas Tigadi vs State Of Karnataka on 15 November, 2024
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
-1-
NC: 2024:KHC:46468
WP No. 30593 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
WRIT PETITION NO. 30593 OF 2024 (GM-POLICE)
BETWEEN:
VILAS TIGADI,
S/O. GURUSIDDAPPA,
BROTHER OF SUNIL @ YALWA (CTP NO. 3952),
AGED ABOUT 37 YEARS,
R/O NO. E1202, ROHAN AKRITI,
JAYANAGAR HOUSING SOCIETY,
GUBBALALA,
BENGALURU,
KARNATAKA - 560 061.
...PETITIONER
(BY SRI. UMME SALMA, ADVOCATE)
AND:
1. STATE OF KARNATAKA,
Digitally signed by
R HEMALATHA HOME DEPARTMENT,
Location: HIGH THROUGH PRINCIPAL SECRETARY,
COURT OF VIDHANA SOUDHA,
KARNATAKA
BENGALURU - 560001.
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
THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-2
THAT PETITIONERS BROTHER SUNIL ALIAS YALWA (CTP NO.
-2-
NC: 2024:KHC:46468
WP No. 30593 of 2024
3952) LODGED IN R-2s BELAGAVI CENTRAL PRISON FOR THE
UNDERGOING SENTENCE SINCE 7 YEARS 9 MONTHS MAY
BE ENLARGED / RELEASED OR GRANT GENERAL PAROLE
FOR A PERIOD OF 60 DAYS FORM THE URGENT NEEDED
PHYSICAL SUPPORT FOR HIS AILING MOTHER AS WELL AS
TO BARE ALL THE EXPENSES FOR MEDICAL TREATMENT
AND ETC
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
ORAL ORDER
Heard the learned counsel for the petitioner and the learned AGA for the State.
2. The petitioner is the brother of Sunil @ Yalwa (CTP No. 3952), who has been convicted for offences punishable under Sections 376(d), 341, 354, 504, 506 of the IPC and Sections 4, 6, 8, and 12 of the POCSO Act, 2012, and sentenced to undergo life imprisonment. The petitioner was granted parole from 01.09.2024 to 30.09.2024. After the expiry of the parole period, the convict surrendered before the jail authorities. The convict is now seeking a direction for his release on the grounds that his mother has been diagnosed with hypertensive crises, spondylosis, splenomegaly, severe anemia, and enteric fever, and has been advised further treatment. The presence of the convict is necessary to provide -3- NC: 2024:KHC:46468 WP No. 30593 of 2024 support and assist with her treatment. A certificate issued by the Primary Health Centre, Sulebhavi Taluk, Belagavi District is annexed to this petition at Annexure A.
3. The convict has served more than 7 years of his sentence, and on earlier occasions, he was released on parole without any record of violating the conditions of parole.
4. Given these circumstances, the petitioner has established a prima facie case for the release of his brother on parole. Accordingly, I pass the following:
ORDER a. Writ Petition is allowed.
b. Respondent No.2 is hereby directed to release the convict (CTP.No.3952) on parole for a period of 60 days from the date of release, subject to petitioner undertaking not to involve in unlawful activities during the period of parole.
c. Respondent Nos.2 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.-4-
NC: 2024:KHC:46468 WP No. 30593 of 2024 d. Violation of any of the parole conditions would result in cancellation of parole.
e. Liberty is reserved with the petitioner to seek extension of parole, if permissible in law.
f. The Registry is directed to communicate this order to respondent Nos.2, by way of electronic mail, forthwith.
Sd/-
(HEMANT CHANDANGOUDAR) JUDGE BN List No.: 1 Sl No.: 31