- 1 - NC: 2025:KHC:13782 WP No. 9450 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. 9450 OF 2025 (GM-POLICE) BETWEEN: B.R.TIRUMALAI CTP NO 14948 S/O LATE RAMACHANDRA AGED ABOUT 64 YEARS R/A FLAT NO.367, B4 BLOCK, KENDRIYA VIHAR APPTS B.H.ROAD, YELAHANKA BENGALURU – 560 064. …PETITIONER (BY SRI VIVEK N., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS ADDITIONAL CHIEF SECRETARY, DEPARTMENT OF HOME AND PRISON, VIDHANA SOUDHA, BENGALURU – 560 001. 2. THE CHIEF SUPERINTENDENT, CENTRAL PRISON, PARAPPANA AGHRAHARA, BENGALURU – 580 100. 3. THE DIRECTOR GENERAL OF POLICE AND INSPECTOR GENERAL OF PRISON AND CORRECTIONAL SERVICES Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:13782 WP No. 9450 of 2025 NO.4, SESHADRI ROAD, BENGALURU – 560 009. 4. INSPECTOR OF POLICE, BASAVANAGUDI POLICE STATION, BENGALURU – 577 301. …RESPONDENTS (BY SRI RAHUL CARIAPPA K.S., AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TAKING INTO CONSIDERATION OF THE PETITIONER’S REQUEST TO RELEASE HIM ON EMERGENCY PAROLE FOR 15 DAYS STARTING FROM 27.03.2025 AS PER RULE 191(2) 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 petitioner - convict (CTP No.14948) – Tirumalai, is before this Court seeking a direction by issuance of a writ in the nature of mandamus to the respondents to release him on emergency parole for a period of 15 days in terms of the Prison Manual, on medical grounds. - 3 - NC: 2025:KHC:13782 WP No. 9450 of 2025 2. Heard Sri Vivek N., learned counsel for the petitioner and Sri Rahul Cariappa, learned Additional Government Advocate for the respondents – State. 3. The petitioner gets convicted for the offence under Section 138 of the N.I.Act and is directed to pay fine of `.2.50 crores, in default to pay the fine amount, to undergo imprisonment for a period of 1 year, in Crl.A.No.1680/2019, in terms of the judgment of conviction dated 18.12.2023. The petitioner has been in prison for the last 4 months. The petitioner is before this Court for the first time, seeking emergency parole on the score that he has to undergo surgery. The petitioner has produced medical report of the Chief Medical Officer of the Central Prison along with a memo to demonstrate that the petitioner is required to undergo surgery immediately. Therefore, he seeks emergency parole for a period of 15 days. 4. Learned Additional Government Advocate does not object for grant of emergency parole to the petitioner on medical grounds. - 4 - NC: 2025:KHC:13782 WP No. 9450 of 2025 5. In the light of the aforesaid fact and circumstance as projected by the petitioner, I deem it appropriate to grant emergency parole for a period of 15 days, which period commences from the forenoon of 03.04.2025 upto the evening of 17.04.2025. 6. For the aforesaid reasons, the following: ORDER (i) The Writ Petition is allowed. (ii) Mandamus issues to respondent No.2 to consider the representation of the petitioner and release the detenue/Tirumalai, (CTP No.14948) on emergency parole from the forenoon of 03.04.2025, till the evening of 17.04.2025. (iii) 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. (iv) Registry is directed to communicate this order to respondent No.2, by way of electronic mail, forthwith. - 5 - NC: 2025:KHC:13782 WP No. 9450 of 2025 (v) Liberty is granted to the petitioner – convict to seek extension of parole, in the event of need. SD/- (M.NAGAPRASANNA) JUDGE NVJ List No.: 1 Sl No.: 38