- 1 - NC: 2025:KHC:14794 WP No. 10315 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO.10315 OF 2025 (GM-POLICE) BETWEEN: SRI. SUKUMAR S/O NARAYANA DEVADIGA AGED 35 YEARS R/AT SRIDEVI KRUPA SHALINI NAGAR BAJAGOLI POST KARKALA TALUK UDUPI DISTRICT-574122. NOW IN THE CENTRAL PRISON HAVING CTP NO.8107 PARAPPANA AGRAHARA BENGALURU 560100. …PETITIONER (BY SRI. K. RAVISHANKAR, ADV.,) AND: 1. THE STATE OF KARNATAKA REPT. BY ITS SECRETARY DEPT OF HOME, VIDHANA SOUDHA BENGALURU - 560 001. 2. THE CHIEF SUPERINTENDENT CENTRAL PRISON PARAPPANA AGRAHARA BENGALURU - 560 100. 3. THE DIRECTOR GENERAL OF POLICE AND INSPECTOR GENERAL OF POLICE Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:14794 WP No. 10315 of 2025 KARNATAKA PRISON AND CORRECTIONAL SERVICES, BENGALURU-560 100. 4. THE INSPECTOR OF POLICE BAJAGOLI POLICE STATION KARKALA TALUK UDUPI DISTRICT-574 122. …RESPONDENTS (BY SRI. RAHUL CARIAPPA, AGA) THIS W.P. IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI AND QUASH THE IMPUGNED ENDORSEMENT DTD. 18.12.2024 ISSUED BY THE R-2 BEARING NO. CBP/CTP- SEC/16312/2024 (PRODUCED VIDE ANNX-B) TO THE WRIT PETITION. ISSUE A WRIT OF MANDAMUS DIRECTING THE R-2 AND 3 TO RELEASE THE PETITIONER ON GENERAL PAROLE FOR A PERIOD OF 90 DAYS BY CONSIDERING THE KARNATAKA PRISONS AND CORRECTIONAL SERVICES MANUAL 2021 (PRODUCED VIDE ANNX-D) TO THE WRIT PETITION & ETC. 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-the convict is before this Court seeking a direction to release him on general parole in terms of Karnataka Prisons and Correctional Services Manual 2021. 2. The petitioner gets embroiled in a crime which is tried as Spl.C.C. No.227/2014 and is sentenced to undergo life imprisonment for the offences punishable under Sections - 3 - NC: 2025:KHC:14794 WP No. 10315 of 2025 376(2)(f), 377 and 302 of the Indian Penal Code, 1860. It transpires that the petitioner has been in prison for the last 17 years and has not sought parole even on a single occasion. 3. The learned Additional Government Advocate, on verification of the records would indicate that the petitioner's conduct in the prison has been good but has suffered certain proceedings pending against him for the offences punishable under the Narcotic Drugs and Psychotropic Substances Act, 1985. In that light, he would submit that though the petitioner has not sought any parole till now, he should not be granted parole. 4. The learned counsel for the petitioner join issue to contend that the petitioner is entitled to be considered for premature release by the Advisory Board. This is not considered on the ground that the crime is pending. He would submit that the pendency of a crime is not a ground that could result in declining to act of the petitioner for premature release. 5. Be that as it may, in the light of the aforesaid circumstances, I deem it appropriate to grant parole to the - 4 - NC: 2025:KHC:14794 WP No. 10315 of 2025 petitioner for a period of 60 days, which would become operational from 09.04.2025 to 07.06.2025. 6. For the aforesaid reasons, the following: ORDER (i) The Writ Petition is allowed in part. (ii) The endorsement dated 18.12.2024, stands quashed. (iii) Mandamus issues to respondent No.2 to consider the representation of the petitioner and release the detenue (CTP No.8107) on general parole from the forenoon of 09.04.2025, till the evening of 07.06.2025. (iv) The petitioner - convict (CTP No.8107) 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.8107) would evade going back to the gaol, after the expiry of the period of general parole. (v) 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:14794 WP No. 10315 of 2025 (vi) Registry is directed to communicate this order to respondent No.2, by way of electronic mail, forthwith. (vii) The petitioner is at liberty to seek extension of parole, which shall be considered looking at his conduct while he is out on parole. Sd/- (M.NAGAPRASANNA) JUDGE RV List No.: 1 Sl No.: 103