Extracted from the PDF above. The PDF is authoritative.
- 1 -
NC: 2025:KHC:11039 WP No. 2310 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO.2310 OF 2025 (GM-POLICE) BETWEEN:
PUSHPALATHA N, D/O NARAYANAPPA, MOTHER OF PRISONER, ARUN KUMAR K.H. CTP 12165, AGED ABOUT 44 YEARS, R/O DEVANAHALLI TALUK, KEMPATHIMMANAHALLI, BANGALORE RURAL, KARNATAKA - 562 110. …PETITIONER (BY SMT. UMME SALMA, ADVOCATE) AND:
1.
STATE OF KARNATAKA, HOME DEPARTMENT, THROUGH PRINCIPAL SECRETARY, VIDHANA SOUDHA, BENGALURU - 560 001.
2.
CHIEF SUPERINTENDENT, CENTRAL PRISON, BANGALORE - 560 100. …RESPONDENTS (BY SRI. RAHUL CARIAPPA, AGA)
Digitally signed by NAGAVENI Location: High Court of Karnataka
- 2 -
NC: 2025:KHC:11039 WP No. 2310 of 2025
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NO.2 TO RELEASE THE PETITIONERS SON NAMED ARUN KUMAR K.H. CTP NO.12165 ON GENERAL PAROLE FOR A PERIOD OF 90 DAYS.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA
ORAL ORDER
The mother of the convict is before this Court seeking the release of her son on grant of general parole for a period of 90 days.
2. Heard Smt. Umme Salma,
learned counsel appearing for the petitioner, Sri. Rahul Cariappa, learned AGA appearing for the respondents and have perused the material on record.
3. The son of the petitioner gets embroiled in a crime for an offence punishable under Section 302 of the IPC and he is tried in S.C.No.15018/2018. Since the registration of the crime, the son of the petitioner has been in prison and as on
- 3 -
NC: 2025:KHC:11039 WP No. 2310 of 2025
today, has spent 6 years, 11 months and 15 days in prison. The imprisonment certificate is appended to the petition.
4. A perusal at the imprisonment certificate would indicate nothing adverse against the son of the petitioner in the prison.
5. Learned AGA would submit that the criminal appeal against the order of conviction is pending and the application seeking bail therein is also pending consideration at the hands of this Court and in such cases, parole should not be granted.
6.
Learned counsel appearing for the petitioner submits that it is not the first time that the son of the petitioner is being released on parole, it is for the second time that the son of the petitioner is seeking.
7. In that light, I deem it appropriate to grant the son of the petitioner general parole for a period of 30 days, which would become operational from 21.03.2025 to 19.04.2025.
- 4 -
NC: 2025:KHC:11039 WP No. 2310 of 2025
8. For the aforesaid reasons, the following:
ORDER
(i) Writ Petition is allowed in part.
(ii) Mandamus issues respondent No.2 to consider the representation of the petitioner and release her son on general parole for 30 days, from the forenoon of 21.03.2025, till the evening of 19.04.2025.
(iii) Respondent No.2 shall stipulate strict conditions as are usually stipulated, to ensure the return of the detenue (CTP No.12165) to the gaol and that the convict shall not commit any other offence during the period of general parole.
(iv) The convict (CTP No.12165) shall mark his attendance in the jurisdictional police station, weekly once throughout the period of his general parole and it would be the responsibility of the jurisdictional police to take him to gaol, in the event, the convict would evade going back to the gaol, after the expiry of the period of general parole.
(v) Registry is directed to communicate this order to respondent No.2, by way of electronic mail, forthwith.
- 5 -
NC: 2025:KHC:11039 WP No. 2310 of 2025
(vi) The convict is at liberty to seek extension of parole, which shall be considered looking at the conduct of the convict while he is out on general parole.
Sd/- (M.NAGAPRASANNA) JUDGE
SJK List No.: 1 Sl No.: 16 CT: BHK