- 1 - NC: 2025:KHC:17359 WP No. 733 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 733 OF 2025 (GM-POLICE) BETWEEN: MUTHU S/O POOMALE AGED ABOUT 48 YEARS, R/AT MUNINANJAPPA HOUSE, 2ND CROSS, JAGADISH NAGARA, HAL, BENGALURU – 560 059. …PETITIONER (BY SRI M.KRISHNE GOWDA, ADVOCATE FOR SMT.SHIVAMMA D., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HOME VIDHANA SOUDHA, BENGALURU – 560 001. 2. STATE OF KARNATAKA REPRESENTED BY HAL POLICE, BENGALURU – 560 063. 3. STATE OF KARNATAKA COMMISSIONER OF POLICE, BENGALURU DISTRICT Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:17359 WP No. 733 of 2025 BENGALURU – 560 001. 4. CHIEF SUPERINTENDENT OF PRISON CENTRAL PRISON PARAPPANA AGRAHARA BENGALURU – 560 068. …RESPONDENTS (BY SRI RAHUL CARIAPPA K.S., AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT/ORDER/DIRECTION FOR THE R4 TO RELEASE THE DETENUE - MUTHU CTP NO. 12742 ON PAROLE FOR A PERIOD OF 90 DAYS TO LOOK AFTER HIS AILING FATHER. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court seeking his release on parole on the ground that the house in which the family member reside is in dilapidated condition and his presence to repair the house was necessary. The matter was again moved on the score that the brother of the petitioner has died on 12-04-2025 and as such, he has to be present for the rituals. - 3 - NC: 2025:KHC:17359 WP No. 733 of 2025 2. Heard Sri M Krishne Gowda, learned counsel appearing for petitioner and Sri Rahul Cariappa, learned Additional Government Advocate appearing for respondents. 3. The petitioner gets embroiled in a crime and is convicted for offence punishable under Section 6 of the POCSO Act, 2012 and Sections 376 and 506 of the IPC and is sentenced to 20 years imprisonment. The petitioner has now been in prison for a period of 6 years and 5 months and is seeking parole for the first time. The parole is sought on the aforesaid circumstance. In the light of the death of the brother of the petitioner, I deem it appropriate to grant the petitioner parole for a period of 30 days, from the date of his release by the Prison Authorities. 4. For the aforesaid reasons, the following: ORDER (i) The Writ Petition is allowed-in-part. (ii) Mandamus issues to respondent No.4 to release the petitioner (CTP No.12742) on parole for a period of 30 days from the date of his release. - 4 - NC: 2025:KHC:17359 WP No. 733 of 2025 (iii) The petitioner - convict (CTP No.12742) shall mark his attendance before the jurisdictional police station, weekly once, throughout the period of his parole and it would be the responsibility of the jurisdictional police to take him back to gaol, in the event, the convict would evade going back to the gaol, after the expiry of the period of aforesaid parole period. (iv) Respondent No.4 shall stipulate strict conditions as are usually stipulated, to ensure return of the detenue to the gaol and that he shall not commit any other offence during the period of parole. (v) Registry is directed to communicate this order to respondent No.4, by way of electronic mail, forthwith. Sd/- (M.NAGAPRASANNA) JUDGE BKP List No.: 1 Sl No.: 41