- 1 - NC: 2025:KHC:14554 WP No. 8060 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 8060 OF 2025 (GM-RES) BETWEEN: SMT. ANITHA XXXX XXXXXXXXX AGED ABOUT 45 YEARS R/O NO. 104, 1ST CROSS NEAR GANESHA TEMPLE DODDAKALSANDRA KANAKAPURA MAIN ROAD BENGALURU – 560 062. …PETITIONER (BY SRI. SUNIL KUMAR S., ADVOCATE) AND: 1. STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY TO GOVERNMENT HEALTH AND FAMILY WELFARE DEPARTMENT VIKASA SOUDHA, AMBEDKAR VEEDHI BENGALURU - 560 001. 2. THE MEDICAL BOARD, VICTORIA HOSPITAL BENGALURU, PRESENTED BY ITS CHAIRMAN VICTORIA HOSPITAL, CITY MARKET BENGALURU - 560 002. 3. THE PLANNING DIRECTOR KARNATAKA STATE AIDS PREVENTION SOCIETY Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:14554 WP No. 8060 of 2025 AROGYA SOUDHA 4TH FLOOR, EAST WING LEPROSY HOSPITAL COMPOUND BENGALURU – 560 023. 4. THE CHIEF SUPERINTENDENT CENTRAL PRISONS PARAPPANA AGRAHARA BENGALURU – 560 100. …RESPONDENTS (BY SRI V.G.BHANUPRAKASH, AAG A/W., SRI SHAMANTH NAIK, HCGP) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT TO THE MEDICAL BOARD OF VICTORIA HOSPITAL R-2 TO PROVIDE THE MEDICAL REPORT AND MEDICAL CERTIFICATE OF THE PETITIONER AS PER THE LETTER DTD 17.04.2024 REQUESTED BY CHIEF MEDICAL OFFICER OF CENTRAL PRISONS HOSPITAL PRODUCED AT ANNX-J. 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 petitioner, the wife of the convict, is at the doors of this Court seeking the following prayer: “a. Issue a writ of Mandamus directing to the Medical Board of Victoria Hospital-Respondent No.2 to provide the Medical Report and medical Certificate of the Petitioner as per the Letter dated 17.04.2024 requested by Chief Medical Officer of - 3 - NC: 2025:KHC:14554 WP No. 8060 of 2025 Central Prisons Hospital produced at ANNEXURE – J; b. Grant such other relief as this Hon’ble Court deems fit to the facts and circumstances of the case.” 2. Heard Sri Sunil Kumar S, learned counsel appearing for petitioner, Sri V.G.Bhanuprakash, learned Additional Advocate General appearing for respondents. 3. In the light of the prayer so sought by the petitioner, this Court passed slew of orders. On 20.03.2025 the following order: “The petitioner is before this Court seeking a direction to the Medical Board, Victoria Hospital to provide the medical report and medical certificate of the petitioner and transmit it to the Chief Medical Officer of Central Prisons Hospital. Keeping the petition pending, I direct respondent No.2 - Victoria Hospital to furnish all the medical reports of the petitioner to the Chief Medical Officer of Central Prisons Hospital, forthwith. List this matter on 25.03.2025, in the fresh matters list.” - 4 - NC: 2025:KHC:14554 WP No. 8060 of 2025 On 27.03.2025 the following order: “This Court on 20.03.2025 had passed the following order: "The petitioner is before this Court seeking a direction to the Medical Board, Victoria Hospital to provide the medical report and medical certificate of the petitioner and transmit it to the Chief Medical Officer of Central Prisons Hospital. Keeping the petition pending, I direct respondent No.2 - Victoria Hospital to furnish all the medical reports of the petitioner to the Chief Medical Officer of Central Prisons Hospital, forthwith. List this matter on 25.03.2025, in the fresh matters list." Learned HCGP submits that he has failed in his efforts to convince the Medical Superintendent of Victoria Hospital with regard to the urgency, as he is unable to understand the urgency in the matter. Therefore, the Medical Superintendent, if he is not transmitting the records by the afternoon of 28.03.2025 at 2.30 p.m., shall be present before this Court at 3.30 p.m. on 01.04.2025 and the matter would be viewed seriously. List this matter on 01.04.2025, in the fresh matters list.” and on 03.04.2025 the following order: “Heard the learned counsel appearing for the petitioner. The Medical Superintendent of the Victoria Hospital is present before the Court. - 5 - NC: 2025:KHC:14554 WP No. 8060 of 2025 The Medical Superintendent would submit that he would make sure that the patient is suffering from the ailment that they are projecting. The petitioner would be subject to the Medical Board and the opinion of the Medical Board is placed before the Court. Though the action of the hospital in conducting a medical test without the order from the Court or without any requisition would become contrary to law, since the patient is already been examined and the opinion of the Board in place, I deem it appropriate to direct the Medical Superintendent to transmit the opinion of the Medical Board to the Chief Medical Officer of the Central Prison, forthwith, by the evening of today i.e., 03.04.2025. The presence of the Medical Superintendent and other officials of Victoria Hospital is noted and their presence in future proceedings is dispensed with. List the matter on 04.04.2025, at 2.30 p.m.” 4. Pursuant to the direction of this Court, it transpires that the Victoria Hospital has examined the husband of the petitioner, though there was no order to examine, only to ensure that a report is appropriately generated. The report indicates the problems projected and vindicates the grant of relief that is sought. The prayer sought was transmission of the report to the Chief Medical Officer of the Central Prison. The Chief Medical Officer has confirmed the receipt of the report. Therefore, the main prayer that is sought by the petitioner is met, the grievance is thus redressed. What remains is, the prayer that is sought in the application I.A.No.1 - 6 - NC: 2025:KHC:14554 WP No. 8060 of 2025 of 2025. The prayer is, owing to the medical condition of the husband of the petitioner, his release on grant of parole. 5. I have perused the medical records. The medical records indicates that the husband of the petitioner is now stuck with several disorders, all of which cannot be stated in the course of the order. Therefore, the husband of the petitioner becomes entitled to be released on grant of parole. The husband has, as on today, undergone imprisonment for more than 14 years and there is nothing adverse against him and a person who is now stuck with several ailments, cannot indulge in anything dangerous, if he is let off on parole. Therefore, I deem it appropriate to grant the husband of the petitioner general parole for a period of 60 days to become operational from 07.04.2025, with certain conditions. 6. For the aforesaid reasons, the following: ORDER (i) The Writ Petition is allowed. - 7 - NC: 2025:KHC:14554 WP No. 8060 of 2025 (ii) Respondent No.4 is directed to release the husband of the petitioner (CTP No.10803) on general parole for a period of 60 days, commencing from the forenoon of 07.04.2025, till the evening of 05.06.2025. (iii) The convict (CTP No.10803) shall mark his attendance before 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 parole. (iv) Respondent No.4 shall stipulate strict conditions as are usually stipulated, to ensure return of the convict to the gaol and that he shall not commit any other offence during the period of parole. (v) 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 parole. (vi) Registry is directed to communicate this order to respondent No.4, by way of electronic mail, forthwith. - 8 - NC: 2025:KHC:14554 WP No. 8060 of 2025 Accordingly, I.A.No.1 of 2025 also stands disposed. Sd/- (M.NAGAPRASANNA) JUDGE BKP List No.: 2 Sl No.: 39 CT:SS