Karnataka High Court
Mariya Deepa P vs State Of Karnataka on 18 December, 2024
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
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NC: 2024:KHC:52543
WP No. 33816 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF DECEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
WRIT PETITION NO. 33816 OF 2024 (GM-POLICE)
BETWEEN:
MARIYA DEEPA P,
W/O ANADNDA @ KUPPA CTP 11209,
AGED ABOUT 25YEARS,
R/O NO. 169, 2ND CROSS,
MUNIYAPPA LAYOUT, GARVEBHAVIPALYA,
BANGALORE, KARNATAKA - 560 068.
...PETITIONER
(BY SMT. UMME SALMA, ADVOCATE FOR
SMT. HALEEMA BEGUM, ADVOCATE)
AND:
1. STATE OF KARNATAKA,
HOME DEPARTMENT,
THROUGH PRINCIPAL SECRETARY,
VIDHANA SOUDHA,
Digitally signed by
R HEMALATHA BENGALURU - 560 001.
Location: HIGH
COURT OF
KARNATAKA 2. CHIEF SUPERINTENDENT,
CENTRAL PRISON,
BANGALORE - 560 100.
...RESPONDENTS
(BY SRI. K.P. YOGANNA, AGA)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-2 TO
RELEASE PETITIONERS HUSBAND ANAND ALIAS KUPPA CTP-
11209 ON GENERAL PAROLE FOR A PERIOD OF 90 DAYS IN
ACCORDANCE WITH LAW, CITING THAT THE PRESENCE OF
PRISONER IS ESSENTIAL TO PROVIDE NECESSARY MEDICAL
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NC: 2024:KHC:52543
WP No. 33816 of 2024
CARE AND SUPPORT TO THE PETITIONER WHO IS A WIFE AT THIS
CRITICAL STAGE OF HER PREGNANCY.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
ORAL ORDER
Learned AGA accepts notice for the respondents.
The petitioner's husband, Ananda @ Kuppa (CTP 11209), has been convicted under Section 302 read with Section 149 of the Indian Penal Code (IPC) and sentenced to life imprisonment.
2. The petitioner seeks a direction to the respondent to release her husband on parole, citing her pregnancy and the necessity of his presence for physical and emotional support during this period. To support her claim, she has submitted the OBG Ultrasound Report - Growth Scan with BPP, issued by Yashika Diagnostic Centre.
3. The convict has served over eight years of his sentence and was previously released on parole without any record of violating parole conditions.
4. Considering these circumstances, the petitioner has established a prima facie case for the release of her husband on parole. Accordingly, I pass the following:
-3-NC: 2024:KHC:52543 WP No. 33816 of 2024 ORDER i. The petition is allowed.
ii. The respondent No.2 is hereby directed to release the convict namely, Ananda @ Kuppa P CTP 11209 on parole for a period of 90 days from the date of his release, subject to convict undertaking not to involve in unlawful activities during the period of parole.
iii. Respondent No.2 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.
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 authorities, by way of electronic mail.
Sd/-
(HEMANT CHANDANGOUDAR) JUDGE HDK