Karnataka High Court
Sundara Shettigar vs State Of Karnataka on 29 April, 2025
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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NC: 2025:KHC:17663
WP No. 28602 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF APRIL, 2025
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 28602 OF 2024 (GM-POLICE)
BETWEEN:
SUNDARA SHETTIGAR,
FATHER/O BANNANJE RAJA @
B.R. @ RAJENDRAKUMAR CTP 4222,
AGED BOUT 86 YEARS,
R/O 29-43, RADHAKRISHNA VILLA KODAVOOR,
BAPUTHOTA MALPE, UDUPI,
KARNATAKA - 576 108.
...PETITIONER
(BY SRI. SIRAJUDDIN AHMED, ADVOCATE)
AND:
1. STATE OF KARNATAKA
HOME DEPARTMENT,
Digitally signed THROUGH PRINCIPAL SECRETARY,
by NAGAVENI
Location: High
VIDHANA SOUDHA,
Court of BELAGAVI - 560 001.
Karnataka
2. CHIEF SUPERINTENDENT,
CENTRAL PRISON,
BELAGAVI - 591 108.
...RESPONDENTS
(BY SRI. RAHUL CARIAPPA, AGA FOR R1 AND R2)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE PRAYING TO QUASH THE ENDORSEMENT OF REJECTION
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NC: 2025:KHC:17663
WP No. 28602 of 2024
OF PAROLE OF THE PETITIONERS SON WHICH IS PRODUCED
AS ANNEXURE-A AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:
CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA
ORAL ORDER
Heard Shri Sirajuddin, learned counsel appearing for the petitioner and Shri Rahul Cariyappa, learned Additional Government Advocate appearing for respondents No.1 and 2.
2. The petitioner had presented the subject petition seeking release of his son on parole. Pending consideration of the release of his son on parole, it transpires that the petitioner dies. The body of the petitioner is kept in the mortuary for the purpose of the son's visit. In that light, the petitioner has moved this matter seeking emergency parole to visit his father, who is now no more.
3. The learned Additional Government Advocate would submit that there are 23 cases pending against the son of the petitioner, including the offences under the Karnataka Control -3- NC: 2025:KHC:17663 WP No. 28602 of 2024 of Organised Crimes Act, 2000 (KCOCA) and the Arms Act, 1959, as well.
4. In that light, since the petitioner is convicted of several offences and is undergoing life imprisonment, as also the fact that the father is now no more, I deem it appropriate to grant the petitioner emergency parole with escort for a period of 15days from the date of release along with certain stringent conditions.
5. It is made clear that the charges for the four escort Police along with the vehicle shall be borne by the convict, who is now wanting to come out of the prison, at the rates that the State would indicate.
6. In the light of the aforesaid circumstances, I deem it appropriate to grant emergency parole for a period of 15 days to begin from 30.04.2025 to 14.05.2025.
7. For the aforesaid reasons, the following:
ORDER
(i) The Writ Petition is allowed in part. -4-
NC: 2025:KHC:17663 WP No. 28602 of 2024
(ii) The impugned endorsement bearing No.ಸಂ ೆ / ೇ ಾ ೆ/ ೆ 2/ ೆ ೋ /2023-2024/1188 dated 20.06.2024 issued by respondent No.2 stands quashed.
(iii) Mandamus issues respondent No.2 to the respondent to release the petitioner on emergency parole with 4 Escorts and a police vehicle for a period of 15 days from the forenoon of 30-04-2025 till the evening of 14-05-2025.
(iv) The expenses of the Escort and the police vehicle shall be borne by the convict.
(v) The respondent No.2 shall stipulate strict conditions as are usually stipulated, to ensure the return of the detenue (CTP No.4222) to the gaol and that he shall not commit any other offence during the period of emergency parole.
(vi) The convict shall return to the gaol on the expiry of the period of emergency parole, as directed and it would be the responsibility of the police who are on escort to get the convict return to the gaol.
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NC: 2025:KHC:17663 WP No. 28602 of 2024
(vii) Registry is directed to communicate this order to the respondents, by way of electronic mail, forthwith.
Sd/-
(M.NAGAPRASANNA) JUDGE JY List No.: 4 Sl No.: 1 CT: BHK