Karnataka High Court
Smt Kamalamma vs The State Of Karnataka on 30 September, 2024
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
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NC: 2024:KHC:40681
WP No. 25713 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
WRIT PETITION NO. 25713 OF 2024 (GM-POLICE)
BETWEEN:
SMT. KAMALAMMA
W/O C REVANNA
AGED 54 YEARS
R/AT NO 15/1A,
4TH MAIN, 5TH CROSS,
VINAYAKANAGARA,
MYSORE-570 012.
...PETITIONER
(BY SRI PRASANNA KUMAR P. DAROJI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
REP BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF HOME,
VIDHANA SOUDHA,
BENGALURU-560 001.
Digitally signed by B
K
MAHENDRAKUMAR 2. THE DIRECTOR GENERAL OF POLICE,
Location: HIGH PRISONS AND CORRECTIONAL SERVICES,
COURT OF
KARNATAKA SESHADRI ROAD, BENGALURU-560 003.
3. THE CHIEF SUPERINTENDENT,
CENTRAL PRISON,
MYSORE-570 010.
...RESPONDENTS
(BY SRI RAHUL KARIYAPPA, HCGP)
THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE
CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENT
NO.3 TO GRANT OF GENERAL PAROLE FOR A PERIOD OF 90 DAYS TO
THE SON OF THE PETITIONER, WHO IS LODGED IN CENTRAL PRISON
MYSORE IN CTP NO. 01070.
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NC: 2024:KHC:40681
WP No. 25713 of 2024
THIS PETITION IS 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
Heard the learned counsel for the petitioner and the learned HCGP for the State.
2. The petitioner's son is convicted for the offences punishable under Sections 143, 147, 148, 120B, 449, 302 & 324 of IPC and sentenced to undergo life imprisonment. The petitioner is seeking for a directive to the respondents to release her son on parole citing her illness, which is evident from the medical certificate issued by Prerana Hospital, Mysuru, at Annexure-D, wherein it is stated that the petitioner is a known case of Ischemic Stroke with weakness of limbs, Coronary Artery Disease, Hypertension, Diabetes, Vascular Parkinsonism and she is bedbound since 4.5 years and she requires 24/7 assistance for daily activities. The petitioner's son is in judicial custody for more than eight years and he has not been granted parole on an earlier occasion.
3. Learned HCGP submits that the petitioner's son is facing charges in three criminal cases and trials are pending.
4. Learned counsel for the petitioner submits that the said charges were made against the petitioner's son while he was in judicial custody.
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5. The petitioner's son is required to support and provide treatment to the petitioner, who is suffering from illness. Therefore, the petitioner has established a prima facie case for releasing her son on parole. Accordingly, I pass the following:
ORDER a. The Writ Petition is allowed. b. Respondents are directed to release petitioner's son namely Hemanth (CTP No.01070) on parole for a period of 60 days from the date of release, subject to petitioner's son undertaking not to involve in unlawful activities during the period of parole and also not threaten the witnesses in relation to the cases pending against him. d. Respondents shall impose strict conditions as are usually stipulated to ensure the return of the detenue to the prison and the convict shall not commit any other offence during the period of parole.
e. Violation of any of the parole conditions would result in cancellation of parole. -4-
NC: 2024:KHC:40681 WP No. 25713 of 2024 f. Petitioner's son shall mark his attendance before the jurisdictional police station every week. g. The Registry is directed to communicate this order to respondents-prison authorities, by way of electronic mail, forthwith. h. It is made clear that the petitioner's son will not be entitled for extension of parole for the current year.
Hand delivery of the order is permitted.
Sd/-
(HEMANT CHANDANGOUDAR) JUDGE AV List No.: 2 Sl No.: 9