- 1 - NC: 2025:KHC:16802 WP No. 10837 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. 10837 OF 2025 (GM-POLICE) BETWEEN: KUM. NAVYA H. K., D/O KANTHARAJU AGED ABOUT 22 YEARS R/AT HOSAHALLI, SUNDALLI HASSAN - 573 135 FATHER OF PETITIONER CONVICT PRISONER NO. 00989 KANTHARAJU. …PETITIONER (BY SMT. HEMA KARIYAPPA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF HOME VIDHANA SOUDHA BENGALURU - 560 001. 2. THE DIRECTOR GENERAL OF POLICE PRISONS AND CORRECTIONAL SERVICES SESHADRI ROAD, BENGALURU – 560 003. 3. THE SUPERINTENDENT CENTRAL PRISON, MYSORE – 570 007. …RESPONDENTS (BY SRI RAHUL CARIAPPA K. S., AGA) Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:16802 WP No. 10837 of 2025 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTION IN THE NATURE OF MANDAMUS TO THEC R2 AND R3 TO GRANT OF EMERGENCY PAROLE FOR MEDICAL PURPOSE TO THE CONVICT PRISONER NO. 00989 KANTHARAJU WHO IS SERVING SENTENCE IN CENTRAL PRISON, MYSORE. 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 – daughter of the convict (CTP No.00989) – Kantharaju, is before this Court seeking a direction by issuance of a writ in the nature of mandamus to respondent Nos.2 and 3 to release the convict on emergency parole in terms of the Prison Manual, on medical grounds. 2. Heard Smt. Hema Kariyappa, learned counsel for the petitioner and Sri Rahul Cariappa, learned Additional Government Advocate for the respondents – State. 3. The convict has been in prison since 16.09.2020, for having been convicted for the offences under Sections 120B, 302 r/w. 34 of the IPC in S.C.No.01/2021, in terms of the judgment on sentence dated 12.02.2024. The convict has been - 3 - NC: 2025:KHC:16802 WP No. 10837 of 2025 in prison for 4 years and 6 months. It is the averment in the petition that though the convict submitted representation for release him on parole on medical grounds, the respondents have denied to receive the application. Therefore, the daughter of the convict is before this Court seeking emergency parole. 4. Learned counsel for petitioner would take this Court through the medical certificate of the Victoria Hospital, appended to the petition to demonstrate that the convict is suffering from degenerative disc changes C4, C5, C6 of spine with compressive myelopathy, anxiety and L5 spine issue with chronic fatigue. She would further submit that the convict is required to undergo surgery as indicated in the medical certificate. 5. Learned Additional Government Advocate does not object for grant of emergency parole to the petitioner on medical grounds. - 4 - NC: 2025:KHC:16802 WP No. 10837 of 2025 6. 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 28.04.2025 upto the evening of 12.05.2025. 7. For the aforesaid reasons, the following: ORDER (i) The Writ Petition is allowed. (ii) Mandamus issues to respondent No.3 to consider the representation of the petitioner and release the detenue/Kantharaju (CTP No.00989) on emergency parole from the forenoon of 28.04.2025, till the evening of 12.05.2025. (iii) The petitioner - convict (CTP No.00989) - 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.00989) would evade going back to the gaol, after the expiry of the period of emergency parole. (iv) Respondent No.3 shall stipulate strict conditions as are usually stipulated, to ensure return of the - 5 - NC: 2025:KHC:16802 WP No. 10837 of 2025 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.3, by way of electronic mail, forthwith. (vi) Liberty is granted to the petitioner – daughter to seek extension of emergency parole of her father - convict, in the event of need. Sd/- (M.NAGAPRASANNA) JUDGE NVJ List No.: 1 Sl No.: 33 CT:SS