Karnataka High Court
Fayiza Afreen vs State Of Karnataka on 25 November, 2024
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
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NC: 2024:KHC:48189
WP No. 31320 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
WRIT PETITION NO. 31320 OF 2024 (GM-POLICE)
BETWEEN:
FAYIZA AFREEN
SISTER OF SHAIK RIYAZ AHMED CTP 4328,
AGED ABOUT 24 YEARS,
R/O 250, 10TH CROSS,
HYDER ALI BLOCK, GHOUSIYA NAGAR,
MYSURU,
KARNATAKA - 570 019.
...PETITIONER
(BY SRI. UMME SALMA.,ADVOCATE)
AND:
1. STATE OF KARNATAKA,
HOME DEPARTMENT,
THROUGH PRINCIPAL SECRETARY,
VIDHANA SOUDHA,
BENGALURU - 560 001.
2. CHIEF SUPERINTENDENT,
CENTRAL PRISON,
Digitally signed by B
K DHARWAD - 580 008.
MAHENDRAKUMAR
Location: HIGH ...RESPONDENTS
COURT OF
KARNATAKA (BY SRI. K.P. YOGANNA., AGA)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUTION OF INDIA PRAYING TO DIRECT THE R2 THAT
PETITIONERS BROTHER SHAIK RIYAZ AHMED CTP 4328 WHO IS
PRESENTLY LODGED IN CENTRAL PRISON DHARWAD AS
CONVICT PRISONER UNDERGOING LIFE SENTENCE FOR THE
OFFENCE P/U/S 302, 326, 353, 506(2) 120(B) R/W 34 OF IPC MAY BE
ENLARGED / RELEASED ON GENERAL PAROLE FOR A PERIOD OF
90 DAYS IN ACCORDANCE WITH LAW, AS FOR NECESSARY
SISTER WEDDING ON 05/12/2024.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
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NC: 2024:KHC:48189
WP No. 31320 of 2024
CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
ORAL ORDER
Heard learned counsel for the petitioner and learned AGA for the respondents.
2. The petitioner's brother, Shaik Riyaz Ahmed (CTP No.4328), has been convicted for offences punishable under Sections 302, 326, 353, 506(2), 120(b) r/w 34 of the IPC and sentenced to life imprisonment.
3. The petitioner seeks a directive for the release of his brother on parole, citing that her marriage is scheduled to be solemnized on 05.12.2024, at Mysore, and the convict's presence is required to make arrangements and to be present during the solemnization of the marriage.
4. The petitioner's brother has served more than fifteen years of sentence as of today, and he has not previously been released on parole. A criminal case is pending trial against the convict, which was registered when the convict was in judicial custody. The convict's presence is required for the solemnization of his sister's marriage. Therefore, the petitioner has established a prima facie case for the release of his brother on parole. Accordingly, I pass the following:
ORDER
i) Writ petition is allowed. -3-
NC: 2024:KHC:48189 WP No. 31320 of 2024
ii) The 2nd respondent is hereby directed to release the petitioner's brother, viz., Shaik Riyaz Ahmed, CTP No.4328 on parole for a period of 60 days from the date of his release subject to convict undertaking not to involve in unlawful activities.
iii) The respondents 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.
iv) Violation of any of the parole conditions would result in cancellation of parole.
v) The convict to mark his attendance before the Jurisdictional Police every ten days.
vi) The Registry is directed to communicate this order to the jail authority, by way of electronic mail.
Sd/-
(HEMANT CHANDANGOUDAR) JUDGE AM List No.: 1 Sl No.: 51