High CourtsSingle Bench(2024) 09 KAR CK 0004

Venkataraj @ Venkatarajappa vs State Of Karnataka Department Of Home, Through Its, Principal Secretary Vidhana Soudha, Bengaluru 560001 & Ors.

Karnataka High Court · Decided on 20 September 2024

HON’BLE JUDGES
Hemant Chandangoudar, J
RESULT
Allowed
CASE NUMBER
Writ Petition No. 25205 Of 2024 (GM-POLICE)

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Judgment

11 paragraphs · 255 words

Hemant Chandangoudar, J

1.

The petitioner (CTP No.4573) has been convicted for the offences punishable under Sections 302, 396, 457, 380, 201 of IPC, and sentenced to undergo life imprisonment.

2.

The petitioner is seeking a directive to release the petitioner on parole citing that his father is aged 83 years old, who is diagnosed with acute exacerbation of COPD, CML (cancer at last stage) from 13.9.2024, and he has been advised hospital stay, and requires a caretaker to help with his needs, and the presence petitioner is required to provide the necessary treatment to his father. The petitioner is in custody for more than four years and eight months.

3.

Given these circumstances, the petitioner has established a prima facie case for release the petitioner on parole. Accordingly, I pass the following:

ORDER

i) The petition is allowed.

ii) The respondent No.2 is directed to release the petitioner (CTP No.4573) on parole for a period of ninety days from the date of release subject to condition that the convict shall not involve in any unlawful activities during the period of parole.

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 petitioner's to mark his attendance before the jurisdictional police on the first day of every week.

iv) The Registry to communicate this order to the Jail Authority through electronic mail.

Hand delivery ordered.