- 1 - HC-KAR NC: 2025:KHC:21032 WP No. 9517 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 9517 OF 2025 (GM-POLICE) BETWEEN: 1. SRI. ANJANAPPA S/O LATE THIPPAIAH AGED ABOUT 42 YEARS, R/AT BAGENAHEDDHAL ESTATE, COOLIE LINE HOUSE, CHANNAGONDANAHALLI VILLAGE, MARABANAHALLI VILLAGE, KOODLIGI TALUK, BALLARY DISTRICT-583135 PRESENTLY IN CENTRAL PRISON, CTP NO.00645 SHIVAMOGGA-577222. …PETITIONER (BY SRI. MAHESH KUMAR K M., ADVOCATE) AND: 1. THE CHIEF SUPERINTENDENT CENTRAL PRISON, SHIVAMOGGA-577222. 2. THE SUPERINTENDENT OF POLICE DISTRICT POLICE OFFICE, VIJAYANAGARA DISTRICT, HOSAPETE-583201. …RESPONDENTS (BY SRI. RAHUL CARIAPPA, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DTD 15.01.2025 VIDE SANKYE- 01/PAROLE/DCRB-3/2022 PASSED BY THE R-2 AT ANNX-B AND FURTHER BE PLEASED TO DIRECT THE R-1 POLICE TO Digitally signed by VIDYA G R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:21032 WP No. 9517 of 2025 RELEASE THE PETITIONER ON PAROLE FOR A PERIOD OF 90 DAYS WITHOUT REFERRING THE MATTER TO THE R-2 POLICE. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S SUNIL DUTT YADAV ORAL ORDER The petitioner has sought for setting aside of the report at Annexure-B, which infact is an opinion that is conveyed by the respondent No.2 - Police Superintendent, Vijayanagara Dsitrict, Hospet to the respondent No.1 - Chief Superintendent, Central Prison, Shivamogga regarding release of the petitioner on parole. 2. The report at Annexure-B makes out a case that the release of the petitioner on parole may result in inter se dispute between the victim's family and the petitioner and accordingly report is made out to reject the prayer. The report further states that the house of the petitioner is found to be in bad condition. It is noticed that the Jail Superintendent has still not passed the order. 3. It is further noticed that the petitioner has served the sentence of 06 Years 06 Months 03 Days including remission and has earned remission of 01 Year 02 Months 07 days. - 3 - HC-KAR NC: 2025:KHC:21032 WP No. 9517 of 2025 4. It is to be noticed that the petitioner is seeking to make out a case that he may be released on parole as he intends to repair his house. It is further averred that the house belongs to the petitioner/accused himself. 5. The grounds made out by respondent No.2 Police Superintendent, Vijayanagara Dsitrict, Hospet, is not necessarily binding on the authorities who could always arrive at a proper decision. The grounds made out in the report of respondent No.2 are of no relevance insofar as grounds on which parole is sought for by the petitioner. 6. It is noticed that the petitioner has sought General Parole in terms of 636 (v) and 638 of the Karnataka Prisons and Correctional Services Manual, 2021. 7. Heard both sides. 8. It is to be noticed that the petitioner intends to repair his house. The petitioner's case is one that could be made out under ground of general parole by making necessary application to the Jail Superintendent which in the present case - 4 - HC-KAR NC: 2025:KHC:21032 WP No. 9517 of 2025 is already pending consideration before the respondent No.1 authority. 9. In light of the observation made above clearly stipulating the reasons assigned in the report of respondent No.2 are not relevant and apprehension made out could be taken note of by respondent No.1 imposing necessary conditions. 10. The petition is disposed off noticing that no order is passed by the respondent no.1. Respondent no.1 to pass orders within one week from the date of receipt of certified copy of the order. Sd/- (S SUNIL DUTT YADAV) JUDGE NP