Karnataka High Court
WP/31266/2024 of MADHU D M Vs STATE OF KARNATAKA on 31 December 2024
2024:KHC:53347 WP No. 31266 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF DECEMBER, 2024 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 31266 OF 2024 (GM-POLICE) BETWEEN: MADHU D.M, S/O SAGANAIAH, AGED ABOUT 34 YEARS, R/AT DEVIHALLI VILLAGE,
Digitally signedby SHWETHARAGHAVENDRALocation: HIGHCOURT OFKARNATAKA
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 31[ST] DAY OF DECEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ
-WRIT PETITION NO. 31266 OF 2024 (GMPOLICE)
BETWEEN:
MADHU D.M, S/O SAGANAIAH, AGED ABOUT 34 YEARS, R/AT DEVIHALLI VILLAGE, HELEBEEDU HOBLI, BELUR TALUK, HASSAN - 573 115, REPRESENTED BY HIS MOTHER, CHANDAMMA, W/O SAGANAIAH, AGED ABOUT 76 YEARS, R/AT BALAGUPPE, GENDEHALLI, KASABA HOBLI, BELUR TALUK, HASSAN - 573 115
…PETITIONER
(BY SRI. MAHAMMADALI, ADVOCATE)
AND:
1. STATE OF KARNATAKA BY MUDIGERE POLICE STATION, CHIKKAMAGALURU - 577 550. BY MUDIGERE POLICE STATION, CHIKKAMAGALURU - 577 550.
2. ADDITIONAL CHIEF SECRETARY, DEPARTMENT OF HOME AND PRISON, VIDHAN SOUDHA, BANGALORE - 560 001.
3. DIRECTOR GENERAL OF POLICE AND INSPECTOR GENERAL OF PRISON INSPECTOR GENERAL OF PRISON
AND CORRECTIONAL SERVICES,
NO.4, SESHADRI ROAD,
BANGALORE - 560 009.
4. CHIEF SUPERINTENDENT, CENTRAL PRISON, SHIVAMOGGA - 577 222. CENTRAL PRISON, SHIVAMOGGA - 577 222.
5. SUPERINTENDENT OF POLICE, HASSAN - 573 115, HASSAN - 573 115, (RESPONDENT NOS.1 TO 5 ON
REPRESENTED BY LEARNED GOVERNMENT
ADVOCATE, HIGH COURT OF KARNATAKA, BANGALORE - 560 001.
…RESPONDENTS
(BY SRI. MOHAMMED JAFFAR SHAH, AGA FOR R1 TO R5)
THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE ENDORSEMENT DATED 09-07-2024 IN
DCRB/HASSAN/PAROLE/16/2024 AS PER ANNEXURE-A AS ILLEGAL, ARBITRARY AND OPPRESSIVE 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 SURAJ GOVINDARAJ
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ORAL ORDER
1. Petitioner is before this Court seeking for the following reliefs:
i) Issue a writ of certiorari or a writ or order or direction appropriate in nature in quashing the Endorsement dated 09.07.2024 DCRB/Hassan/Parole/16/2024 as per Annexure-A as illegal, arbitrary and oppressive.
in
ii) To issue a writ of mandamus or a writ or direction of appropriate in nature directing the respondents to grant three months General Parole to him, on such terms and conditions, and
iii) To issue a writ or order or direction appropriate in nature granting such other relief or reliefs as this Court deems fit, to grant in the ends of justice.
2. The petitioner had been convicted for offence under Sections 336 and 342 of IPC and Section 4 of POCSO Act read with Section 376(3) of IPC. The petitioner had filed an application for Parole for three months on the ground that the petitioner is required to carry out agricultural work so as to take care of the needs of his mother, wife and daughter who are unable to carry out agricultural work and eek out any livelihood. The petitioner's request is rejected vide endorsement dated 09.07.2024. In this back ground, the petitioner is before this Court.
3. It is seen that the petitioner has served 04 years 01 month of imprisonment, during which time, there is no adverse remark against the petitioner. It is not in dispute that there is no other male member in the family of the petitioner and that the aged mother, wife and minor daughter cannot take care of themselves. month of imprisonment, during which time, there is no adverse remark against the petitioner. It is not in dispute that there is no other male member in the family of the petitioner and that the aged mother, wife and minor daughter cannot take care of themselves.
4. In that view, I pass the following:
ORDER
i) The petition is allowed
ii) A certiorari is issued and the Endorsement dated 09.07.2024 at Annexure-A is quashed. 09.07.2024 at Annexure-A is quashed.
iii) Respondent No.4 is directed to release the petitioner on parole for a period of 60 days from the date of receipt of a copy of this Order. petitioner on parole for a period of 60 days from the date of receipt of a copy of this Order.
iv) The petitioner shall mark his attendance at the jurisdictional Police Station every 15 days and shall jurisdictional Police Station every 15 days and shall return to the Respondent No.4-Central Prison, on completion of 60 days.
The Registrar (Judicial) is directed to communicate the above order by E-mail as also using faster application.
SD/- (SURAJ GOVINDARAJ) JUDGE
BNV List No.: 1 Sl No.: 129 CT: BHK