- 1 - NC: 2025:KHC:12461 WP No. 6982 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 6982 OF 2025 (GM-POLICE) BETWEEN: 1. MR. SUSHANTH GURURAJ S/O GURU RAJ, AGED ABOUT 40 YEARS, RESIDING AT NO.1519, 1ST FLOOR, HIG 3RD MAIN 6TH CROSS, VIVEKANANDA NAGAR, KUVEMPUNAGAR, MYSURU DISTRICT, KARNATAKA -570 023. BROTHER OF NISHANTH CTP NO.01612 …PETITIONER (BY SRI. AKSHATHA SHETTY K., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY, DEPARTMENT OF HOME 2ND FLOOR, VIDHANASOUDHA, BENGALURU - 560001. 2. THE CHIEF SUPERINTENDENT OF PRISON CENTRAL PRISON Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:12461 WP No. 6982 of 2025 SHIVAMOGGA - 577222 …RESPONDENTS (BY SRI. RAHUL CARIAPPA, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT IN THE NATURE OF MANDAMUS TO THE RESPONDENTS FOR GRANT OF GENERAL PAROLE FOR 90 DAYS FOR IMMEDIATE MEDICAL TREATMENT AND FURTHER RELEASE THE PETITIONERS BROTHER ON GENERAL PAROLE AS PER RULE 191 OF THE KARNATAKA PRISONS RULES. 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 brother of the convict is at the doors of this Court seeking release of the convict on grant of general parole for a period of 90 days. 2. Heard Smt. Akshatha Shetty K., learned counsel appearing for the petitioner, Sri. Rahul Cariappa, learned AGA appearing for the respondents and have perused the material on record. - 3 - NC: 2025:KHC:12461 WP No. 6982 of 2025 3. The brother of the petitioner gets embroiled in a crime for offences punishable under Sections 302, 307, 324 and 323 of the IPC, in which, he is tried in S.C.No.96/2015. The brother of the petitioner is now said to have been suffering from chronic kidney disease and he is on dialysis on a biweekly basis. The dialysis is being administered in the hospital at Shivamogga. The brother of the convict submits a representation seeking release of the convict on parole for better treatment or transplantation in the kidney, as the case would be. 4. Learned AGA would submit that inside the prison there were certain adverse entries against the convict. 5. While those days may be, but today, the convict is suffering from chronic kidney disease and undergoing dialysis on biweekly basis. Therefore, the issue that he would create problem for others outside is highly improbable. 6. In the light of the brother of the petitioner suffering from chronic kidney disease and being on dialysis twice a week, I deem it appropriate to grant the convict general parole for a - 4 - NC: 2025:KHC:12461 WP No. 6982 of 2025 period of 90 days, which would become operational from 27.03.2025 to 24.06.2025. 7. 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 brother of the convict and release the convict on general parole for 90 days, from the forenoon of 27.03.2025, till the evening of 24.06.2025. (iii) Respondent No.2 shall stipulate strict conditions as are usually stipulated, to ensure the return of the detenue (CTP No.01612) to the gaol and that the convict shall not commit any other offence during the period of general parole. (iv) The convict (CTP No.01612) 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. - 5 - NC: 2025:KHC:12461 WP No. 6982 of 2025 (v) Registry is directed to communicate this order to respondent No.2, by way of electronic mail, forthwith. (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.: 31