- 1 - NC: 2025:KHC:13896 WP No. 9834 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. 9834 OF 2025 (GM-POLICE) BETWEEN: 1. PADMA JAYAPAL NAIK W/O JAYAPAL NAIK AGED ABOUT 51 YEARS R/AT 167/1A, SAKALBENA, HATTIKERI, ANKOLA TALUK UTTARA KARNATAKA-581316 PRAVEEN JAYAPAL NAYAK (CTP 01299) S/O JAYAPAL NAYAK, AGED ABOUT 35 YEARS, R/AT SAKALBENA, HATTIKERI, AVERSA POST, ANKOLA TALUK UTTARA KARNATAKA-581316 (NOW PETITIONER'S SON IS IN CUSTODY CENTRAL PRISON SHIVAMOGGA) …PETITIONER (BY SRI. KARIAPPA N.A., ADVOCATE) AND: 1. STATE OF KARNATAKA BY MANGALORE RAILWAY POLICE STATION, MANGALORE-575007 Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:13896 WP No. 9834 of 2025 2. ADDITIONAL CHIEF SECRETORY DEPARTMENT OF HOME AND PRISON, VIDHANA SOUDHA, BANGALORE 560001 3. DIRECTOR GENERAL OF POLICE AND INSPECTOR GENERAL OF PRISON AND CORRECTIONAL SERVICES NO.4, SESHADRI ROAD, BANGALORE -560009 4. CHIEF SUPERINTENDENT CENTRAL PRISON, SHIVAMOGGA-577222 5. SUPERINTENDENT OF POLICE UUTTAR KANNADA, KARWARA -573115 (RESPONDENT NOS.1 TO 5 ON REPRESENTED BY LEARNED GOVERNMENT ADVOCATE, HIGH COURT OF KARNATAKA BANGALORE 560001) …RESPONDENTS (BY SRI. RAHUL CARIAPPA, AGA) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT QUASHING THE ENDORSEMENT DTD 12.02.2025 IN APARADHA/PAROLE/01/2025 AS PER ANNX-A AS ILLEGAL, ARBITRARY AND OPPRESSIVE AND ETC. - 3 - NC: 2025:KHC:13896 WP No. 9834 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER The wife of the convict is before this Court seeking release of her husband on general parole for a period of three months. 2. Heard Sri. Kariappa N.A., learned counsel appearing for the petitioner, Sri. Rahul Cariappa, learned AGA appearing for the respondents and have perused the material on record. 3. The husband of the petitioner gets embroiled in a crime for offences punishable under Section 6 of the Protection of Children from Sexual Offences Act, 2012 and under Section 366(A) read with Section 34 of the IPC. The husband of the petitioner is convicted to the said offence in terms of the order passed by the Court of Sessions on 12.06.2023. The convict has been in prison for the last 2 years and 10 months. The petitioner is now before the Court seeking release of her husband on parole on the score that the husband - 4 - NC: 2025:KHC:13896 WP No. 9834 of 2025 is now suffering from kidney ailment, which would require treatment. 4. In that light, I deem it appropriate to grant general parole for a period of 30 days, reserving liberty to the convict to seek extension of such parole on certain terms and conditions, which would become operational from 04.04.2025 to 03.05.2025. 5. For the aforesaid reasons, the following: ORDER (i) Writ Petition is allowed-in-part. (ii) The endorsement dated 12.02.2025, is hereby quashed. (iii) Mandamus issues respondent Nos.3 to 5 to consider the representation of the petitioner and release her husband on general parole for 30 days, from the forenoon of 04.04.2025, till the evening of 03.05.2025. (iv) Respondent Nos.3 to 5 shall stipulate strict conditions as are usually stipulated, to ensure the return of the detenue (CTP No.01299) to the gaol and that the convict shall not commit - 5 - NC: 2025:KHC:13896 WP No. 9834 of 2025 any other offence during the period of general parole. (v) The convict (CTP No.01299) shall mark his attendance in 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 general parole. (vi) Registry is directed to communicate this order to respondent Nos.3 to 5, by way of electronic mail, forthwith. (vii) 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 general parole. Sd/- (M.NAGAPRASANNA) JUDGE SJK List No.: 3 Sl No.: 7