- 1 - NC: 2025:KHC:16799 WP No. 10249 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 10249 OF 2025 (GM-POLICE) BETWEEN: SRI HANUMANTHAPPA S/O BALLAPPA POOJARI (CTP NO. 1061) AGED ABOUT 38 YEARS R/O OPEN AIR JAIL DEVANAHALLI P/O JARAGUNTE VILLAGE YALABURGI DISTRICT KOPPAL - 583 236. (YALABURGA TOWN P.S. LIMITS). …PETITIONER (BY SMT. MANJULA MUNAVALLI, ADVOCATE) AND: 1. STATE OF KARNATAKA HOME DEPARTMENT THROUGH PRINCIPAL SECRETARY VIDHANA SOUDHA BENGALURU - 560 001. 2. THE SUPERINTENDENT OPEN AIR PRISON DEVANAHALLI BENGALURU RURAL - 560 068. 3. THE DIRECTOR GENERAL OF POLICE PRISONS AND CORRECTIONAL SERVICE Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:16799 WP No. 10249 of 2025 NO. 4, SHESHADRI ROAD BENGALURU - 560 009. …RESPONDENTS (BY SRI RAHUL CARIAPPA K. S., AGA) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-2 THAT PETITIONER MAY BE ENLARGED / RELEASED ON GENERAL PAROLE FOR A PERIOD OF 90 DAYS TO REPAIR HIS OWN HOUSE AND MEET HIS BROTHER. 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.1061) – Hanumanthappa, 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, on the score of house repair. 2. Heard Smt. Manjula Munavalli, learned counsel for the petitioner and Sri Rahul Cariappa, learned Additional Government Advocate for the respondents – State. - 3 - NC: 2025:KHC:16799 WP No. 10249 of 2025 3. The petitioner gets embroiled in a crime and is tried in S.C.No.127/2015 for the offence under Section 302 of the IPC. He is sentenced in terms of the judgment of the concerned Court dated 04.08.2016. The averment in the petition is that, the house in which he was residing is in a dilapidated condition and requires repair. Therefore, the petitioner is knocking at the doors of this Court seeking his enlargement on general parole on the aforesaid score. 4. Learned counsel for the petitioner submits that the petitioner has been in prison for the last 12 years in terms of the prison certificate. The convict has not availed any kind of parole in his conviction period and now the petitioner is seeking his release on general parole to undertake repair of his house. The conduct of the convict in terms of the imprisonment certificate is satisfactory and therefore, seeks his release on general parole. 5. Learned Additional Government Advocate would submit that there is no adverse against the convict while he is in prison and conduct of the petitioner – convict in prison is good. - 4 - NC: 2025:KHC:16799 WP No. 10249 of 2025 6. In the light of the aforesaid submissions, I deem it appropriate to grant the convict – CTP No.1061 general parole for a period of 60 days, which becomes operational from the forenoon of 28.04.2025 upto the evening of 26.06.2025. 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/Hanumanthappa, (CTP No.1061) on general parole from the forenoon of 28.04.2025, till the evening of 26.06.2025. (iii) The petitioner - convict (CTP No.1061) - 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.1061) would evade going back to the gaol, after the expiry of the period of general 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. - 5 - NC: 2025:KHC:16799 WP No. 10249 of 2025 (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 petitioner – convict while he is out on parole. Sd/- (M.NAGAPRASANNA) JUDGE NVJ List No.: 1 Sl No.: 30 CT:SS