- 1 - NC: 2025:KHC:13783 WP No. 9533 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. 9533 OF 2025 (GM-POLICE) BETWEEN: MAHANTESHA CTP NO.14937 S/O MAHALINGAPPA, AGED ABOUT 35 YEARS, R/A JODICHIKKENAHALLI, DODDASIDDANAHALLI HOBLI, THOPANAMALLIGE POST, CHITRADURGA TALUK AND DISTRICT PIN CODE – 577 501. …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 Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:13783 WP No. 9533 of 2025 CORRECTIONAL SERVICES, NO.4, SESHADRI ROAD, BENGALURU – 560 009. 4. INSPECTOR OF POLICE, SIRA POLICE STATION, TUMAKURU – 572 101. …RESPONDENTS (BY SRI RAHUL CARIAPPAN K.S., AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENTS TAKING INTO CONSIDERATION OF THE PETITIONER’S REQUEST TO RELEASE HIM ON EMERGENCY PAROLE FOR 15 DAYS STARTING FROM 29/03/2025 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.14937) – Mahantesha, 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:13783 WP No. 9533 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 is a convict for the offences under Sections 376(2)(g) r/w. 120B, 506, 292 of the IPC and Section 66E of the Information Technology Act, 2000, in S.C.No.309/2012, in terms of the judgment of conviction dated 25.11.2024. The petitioner has been in custody since 2012 and as on today, the petitioner – convict is in prison for the last 9 months. The petitioner is before this Court for the first time, seeking emergency parole owing to an acute medical condition. The petitioner has produced medical report of the Chief Medical Officer of the Prison along with a memo to demonstrate that the petitioner has medical emergency and therefore, seeks emergency parole for a period of 15 days. What has driven the petitioner to move the subject petition is the endorsement issued by respondent No.2 dated 10.03.2025, rejecting his application seeking emergency parole. - 4 - NC: 2025:KHC:13783 WP No. 9533 of 2025 4. Learned Additional Government Advocate does not object for grant of emergency parole to the petitioner on medical grounds. 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 04.04.2025 upto the evening of 18.04.2025. 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/Mahantesha, (CTP No.14937) on emergency parole from the forenoon of 04.04.2025, till the evening of 18.04.2025. (iii) The petitioner - convict (CTP No.14937) - 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.14937) would evade - 5 - NC: 2025:KHC:13783 WP No. 9533 of 2025 going back to the gaol, after the expiry of the period of emergency parole. (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) 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.: 40