H M Naveen Alias Naveen Kumar vs State Of Karnataka on 8 November, 2024

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Karnataka High Court

H M Naveen Alias Naveen Kumar vs State Of Karnataka on 8 November, 2024

Bench: Hemant Chandangoudar

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                                                                NC: 2024:KHC:45347
                                                             WP No. 29285 of 2024




                             IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                                DATED THIS THE 8TH DAY OF NOVEMBER, 2024

                                                 BEFORE
                             THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
                                WRIT PETITION NO. 29285 OF 2024 (GM-POLICE)
                        BETWEEN:

                        H.M. NAVEEN @ NAVEEN KUMAR
                        S/O MURUGESHAPPA,
                        AGED ABOUT 28 YEARS,
                        M. HOSAHALLI, MASTHI HOBLI,
                        MALUR TALUK, KOLAR - 563 101
                        (NOW IN CUSTODY-CENTRAL PRISON, BENGALURU).
                                                                    ...PETITIONER
                        (BY SRI. KIRAN S.S., ADVOCATE)

                        AND:

                        1.    STATE OF KARNATAKA
                              REPRESENTED BY ITS SECRETARIAT,
                              DEPARTMENT OF HOME,
                              VIDHANA SOUDHA
                              BANGALORE - 560 001.

Digitally signed by B
K
                        2.    THE CHIEF SUPERINTENDENT
MAHENDRAKUMAR                 CENTRAL PRISON,
Location: HIGH
COURT OF
KARNATAKA
                              PARAPPANAGHRAHARA,
                              BANGALORE - 580 100.

                        3.    THE COMMISSIONER OF POLICE
                              KOLAR, OPPOSITE TO RL,
                              JALLAPPA HOSPITAL,
                              NH 75 BANGALORE ROAD,
                              KOLAR,
                              KARNATAKA - 563 101.
                                                                 ...RESPONDENTS
                        (BY SRI. K.P. YOGANNA, AGA)
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                                               NC: 2024:KHC:45347
                                           WP No. 29285 of 2024




      THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE ENDORSEMENT AS ANNEXURE-B ISSUED BY
THE R-2 DTD. 09.11.2021 BY DIRECTING THE R-2/CENTRAL
PRISON, BANGALORE, TO RELEASE THE PETITIONER ON
PAROLE FOR A PERIOD OF 90 DAYS IN PRISONER CTP NO.
10894 CONVICTED BY THE JUDGEMENT AND ORDER DTD.
18.12.2018 PASSED BY THE HON'BLE 2ND ADDITIONAL
DISTRICT AND SESSION COURT, KOLAR, IN SC.NO.56/2016
FOR THE OFFENCES PUNISHABLE UNDER SECTION 363 AND
376 OF IPC.

    THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR


                           ORAL ORDER

The petitioner (CTP No.10894), who has been convicted in SC No.56/2016 by the learned II Addl. District and Sessions Court, Kolar for the offences punishable under Sections 363, 376 of IPC, and sentenced to undergo life imprisonment for a period of seven years, is before this Court.

2. The petitioner is seeking for a directive to the respondents-police to release him on parole citing that he is suffering from:

i) Posterior annular fissure with diffuse asymmetrical disc bulge at L5-S1 level causing bilateral neural formainal narrowing, mid spinal canal stenosis and indenting on bilateral L5 exiting nerve roots;

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NC: 2024:KHC:45347 WP No. 29285 of 2024

ii) Posterior annula fissure with diffuse symmetrical disc bulge at L3-L4 level causing bilateral mild neural forminal narrowing and mild spinal canal stenosis. No nerve root impingement.

iii) Diffuse symmetrical disc bulge at L2-L3 level causing left mild neural forminal narrowing and mild spinal canal stenosis. No nerve root impingement.

iv) Diffuse asymmetrical disc bulge at L4-L5 level causing bilateral moderate neural foraminal narrowing and abutting on right L4 exiting nerve root.

The petitioner further asserts that immediate surgery is required, which is evident from the medical documents.

3. The petitioner has been in judicial custody for more than six years and five months. The petitioner was not released on parole on an earlier occasion. Therefore, the petitioner has established a prima facie case to release him on parole. Accordingly, I pass the following Accordingly, I pass the following:

ORDER

i) The petition is allowed.

ii) The respondent No.2 is directed to release the petitioner (CTP No.10894) on parole for a period of ninety days from the date of release subject to the condition that the convict shall not involve in any unlawful activities during the period of parole.

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NC: 2024:KHC:45347 WP No. 29285 of 2024

iii) The respondent No.2 is at liberty to impose conditions as are usually stipulated to ensure the return of the convict to the prison, and that he shall not commit any other offence during the period of parole.

iv) The parole granted stands automatically cancelled if the petitioner violates of any of the stipulated conditions.

v) The petitioner to mark his attendance with the jurisdictional police on the first day of every week.

vi) The Registry is directed to communicate this order to the Jail Authority through electronic mail.

Sd/-

(HEMANT CHANDANGOUDAR) JUDGE BKM

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