- 1 - NC: 2025:KHC:3135 WP No. 1420 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 1420 OF 2025 (GM-POLICE) BETWEEN: LOHITHA S/O BOMMAPPA AGED ABOUT 38 YEARS, ADRIAKATTE VILLAGE, HOSADURGA TALUK, CHITHRADURGA-577527 NOW PETITIONER IS IN CUSTODY, (CTP-1104), REP. BY HIS FRIEND ABHISHEK S S/O SHANKARACHARI AGED ABOUT 26 YEARS R/AT-DONEHALLI VILLAGE AND POST, SUB DISTRICT JAGALUR DAVANGERE-577528 (NOW IS IN CUSTODY- CTP-1104 CENTRAL PRISON SHIVAMAOGGA) …PETITIONER (BY SRI. NAGENDRA B., ADVOCATE) AND: 1. STATE OF KARNATAKA BY HOSADURGA POLICE STATION, CHITHRADURGA-577527 Digitally signed by DHARMALINGAM Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:3135 WP No. 1420 of 2025 2. ADDITIONAL CHIEF SECRETORY DEPARTMENT OF HOME AND PRISON, VIDHANA SOUDHA, BANGALORE 560001. 3. DIRECTOR GENERAL OF POLICE AND INSPECTOR GENERAL OF PRISON AND CORRECTIONAL SERVICES NO -4 , SESHADRI ROAD, BANGALORE -560009. 4. CHIEF SUPERINTENDENT CENTRAL PRISON, SHIVAMOGGA, SHIVAMOGGA-577222 (RESPONDENT NOS. 1 TO 4 ON REPRESENTED BY LEARNED GOVERNMENT ADVOCATE, HIGH COURT OF KARNATAKA BANGALORE 560001. …RESPONDENTS (BY SRI.SESHU V., HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ORDER OR GIVE DIRECTION OF APPROPRIATE IN NATURE IN QUASHING THE ENQUIRY REPORT OF BY THE R1, DATED 12/01/2025, AT ANNX-E, AS ILLEGAL, ARBITRARY AND OPPRESSIVE AND DIRECTING THE RESPONDENTS TO GRANT 30 DAYS GENERAL PAROLE TO HIM, ON SUCH TERMS AND CONDITIONS. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC:3135 WP No. 1420 of 2025 CORAM: HON'BLE MR JUSTICE R DEVDAS ORAL ORDER This writ petition has been filed in the name of Sri.Lohitha S/o Bommappa, who is a Prisoner serving life imprisonment for the offence punishable under Sections 302 and 307 of IPC. The writ petition is filed by the next friend of the petitioner-Sri.Abhishek S., while contending that the petitioner’s mother passed away on 11.01.2025 and there is no other member of the family other than the petitioner, who can conduct the obsequies and other rituals following the death of the petitioner’s mother. However, in a report submitted by the Police Inspector, Hosadurga Police Station, it is stated that since the petitioner murdered his Uncle and is serving sentence for the same offence, if he is permitted to participate in the ceremony, it may create untoward incidents. Accordingly, the Chief Superintendent of Central Prison, Shivamogga, has rejected the application for Parole in terms of Annexure-D. - 4 - NC: 2025:KHC:3135 WP No. 1420 of 2025 2. Learned Counsel for the petitioner submits that such an opinion given by the Police Inspector cannot take away the rights of the petitioner to conduct the finial rites, obsequies and other ceremonies, since he is the only surviving member of the family. 3. On the other hand, directions may be given to the other members of the family, more particularly, the relatives of his Uncle, not to attend the ceremony, if the respondents anticipate any untoward incidents. Learned Counsel for the petitioner also submits that since the petitioner is the sole surviving member of the family, he is also required to make arrangements for protection of the estate of the family. 4. There is substance in the submissions of the learned Counsel for the petitioner. 5. The petitioner’s mother having died on 11.01.2025 and the other last rites having been conducted in the - 5 - NC: 2025:KHC:3135 WP No. 1420 of 2025 absence of the petitioner and 11th day ceremony also have been conducted on 12.01.2025 in the absence of the petitioner, this Court is of the considered opinion that the petitioner should be granted General Parole at least for the sake of enabling the petitioner to conduct the ceremony of the 1st Month of the death of the petitioner’s mother and make necessary arrangements to protect the property and estate of the family. 6. Consequently, the writ petition stands disposed of with a direction to respondent No.4–Chief Superintendent of the Central Prison, Shivamogga, to grant General Parole for a period of 30 days in respect of Sri.Lohitha S/o Bommappa, (CTP.No.1104), commencing from 30.01.2025. 7. The respondent Nos.3 and 4 shall stipulate strict conditions as are usually stipulated, to ensure return of the Detune to the prison and that he shall not commit any other offence during the period of Parole. - 6 - NC: 2025:KHC:3135 WP No. 1420 of 2025 8. Registry is directed to communicate this order to respondent Nos.3 and 4, by way of electronic mail, forthwith. Sd/- (R DEVDAS) JUDGE DL CT: JL