- 1 - NC: 2025:KHC:13784 WP No. 9531 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 9531 OF 2025 (GM-POLICE) BETWEEN: SHABANA KHANUM S/O ASLAM KHAN MOTHER OF CONVICT NAWAZ KHAN @ NAWAZ S/O ASLAM KHAN (CTP-13096) AGED ABOUT 47 YEARS, R/AT 1714, 4TH CROSS SHAHEED NAGAR, KOLAR, KARNATAKA – 563 101. …PETITIONER (BY SMT. UMME SALMA, ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF HOME, THROUGH ITS PRINCIPAL SECRETARY VIDHANA SOUDHA, BENGALURU – 560 001. 2. THE CHIEF SUPERINTENDENT CENTRAL PRISON BENGALURU – 560 100. …RESPONDENTS (BY SRI RAHUL CARIAPPA K.S., AGA) Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:13784 WP No. 9531 of 2025 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NO.2 THAT PETITIONER’S SON CONVICT NAMELY NAWAZ KHAN ALIAS NAWAZ S/O ASLAM KHAN (CTP-13096) LODGED IN CENTRAL PRISON, BANGALORE MAY BE ENLARGED / RELEASED OR GRANT GENERAL PAROLE FOR A PERIOD OF 90 DAYS FOR GETTING DONE THE HOUSE RENOVATION IN THE INTEREST OF JUSTICE AND EQUITY. 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 is the mother of the convict (CTP No.13096) – Nawaz Khan, is before this Court seeking a direction by issuance of a writ in the nature of mandamus to respondent No.2 to release the convict on general parole for a period of 90 days in terms of the Prison Manual. 2. Heard Smt. Umme Salma, learned counsel for the petitioner and Sri Rahul Cariappa, learned Additional Government Advocate for the respondents – State. 3. The son of the petitioner gets convict for the offences under Sections 380 r/w. 511 of the IPC in C.C.No.424/2020 and 805/2021, Sections 324 and 506 of the IPC in C.C.No.877/2022 - 3 - NC: 2025:KHC:13784 WP No. 9531 of 2025 and Sections 304(ii) r/w. 34 of the IPC in S.C.No.83/2022, in terms of the judgments of the concerned Courts dated 20.10.2022, 21.10.2022, 26.10.2023 and 13.12.2024 respectively. The petitioner files an application before the Chief Superintendent of Central Prison seeking general parole and the same is rejected by an endorsement dated 20.03.2025. The petitioner after the said denial of the application, is knocking at the doors of this Court seeking enlargement of her son on general parole on the score that . 4. Learned counsel for the petitioner submits that the petitioner has been in prison for the last 3 years 27 days as per the prison certificate. The convict has not availed any kind of parole in his conviction period and now the petitioner is seeking release of her son on general parole on the ground that the house she is residing is in dilapidated condition and requires renovation. The conduct of the convict in terms of the imprisonment certificate is satisfactory and therefore, seeks release of the convict on general parole for the purpose of renovation of the house. - 4 - NC: 2025:KHC:13784 WP No. 9531 of 2025 5. Learned Additional Government Advocate would put up objection to the grant of any parole on the score that renovation of house cannot be a ground seeking general parole. 6. In the light of the aforesaid submissions, I deem it appropriate to grant the convict – CTP No.13096 general parole for a period of 30 days, which becomes operational from the forenoon of 07.04.2025 upto the evening of 06.05.2025. 7. For the aforesaid reasons, the following: ORDER (i) The Writ Petition is allowed in part. (ii) Mandamus issues to respondent No.2 to consider the representation of the petitioner and release the detenue/Nawaz Khan, (CTP No.13096) on general parole from the forenoon of 07.04.2025, till the evening of 06.05.2025. (iii) The petitioner - convict (CTP No.13096) - shall mark his attendance in the jurisdictional police station, weekly once throughout the period of his parole and it would be the responsibility of the jurisdictional police to take him to gaol, in the event, the convict (CTP No.13096) would evade going back to the gaol, after the expiry of the period of general parole. - 5 - NC: 2025:KHC:13784 WP No. 9531 of 2025 (iv) Respondent No.2 shall stipulate strict conditions as are usually stipulated, to ensure return of the detenue to the gaol and that he shall not commit any other offence during the period of parole. (v) Registry is directed to communicate this order to respondent No.2, by way of electronic mail, forthwith. (vi) The petitioner is at liberty to seek extension of parole, which shall be considered looking at the conduct of the son of the petitioner – convict while he is out on parole. Sd/- (M.NAGAPRASANNA) JUDGE NVJ List No.: 1 Sl No.: 39