- 1 - NC: 2025:KHC:16631 WP No. 12002 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 12002 OF 2025 (GM-POLICE) BETWEEN: 1. BABU MUGERA OCC. - AGRICULTURALIST, S/O CHINKRA MUGERA, AGED ABOUT 59 YEARS, BELTHANGADI TALUK, D.K. - 574 240 R/AT 2-87/3, UJIRE, PETITIONER'S SON S/O BABU MUGERA, GIRISH (CTP 00133), OCC.-COOLIE, R/AT ARIPPADY HOUSE, UJIRE VILLAGE, BELTHANGADY TALUK, D.K., MANGALURU - 574 240. …PETITIONER (BY SMT. POOJA KATTIMANI, ADVOCATE FOR SRI. DINESH KUMAR RAO K., ADVOCATE) AND: 1. STATE OF KARNATAKA BY POLICE INSPECTOR, BY BELTHANGADY POLICE STATION, BELTHANGADY, D.K. - 574 240. Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:16631 WP No. 12002 of 2025 2. ADDITIONAL CHIEF SECRETARY DEPARTMENT OF HOME AND PRISON VIDHANA SOUDHA BANGALORE - 560 001 3. DIRECTOR GENERAL OF POLICE AND INSPECTOR GENERAL OF PRISON AND CORRECTIONAL SERVICES, NO.-4, SESHADRI ROAD BANGALORE - 560 009 4. CHIEF SUPERINTENDENT CENTRAL PRISON, CENTRAL PRISON SHIVAMOGGA, SHIVAMOGGA - 577 222. 5. SUPERINTENDENT OF POLICE D.K. DISTRICT, MANGALURU - 575 001. (RESPONDENT. NO.1 TO 5 ARE REPRESENTED BY STATE HIGH COURT GOVERNMENT ADVOCATE, HIGH COURT OF KARNATAKA BANGALORE - 560 001 …RESPONDENTS (BY SRI. RAHUL CARIAPPA, AGA) THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT DATED 09.12.2024 BEARING NO. 12/PAROLE/G.T.A.NO./D.K/2024 AS PER ANNX-D. DIRECTION OF APPROPRIATE IN NATURE DIRECTING THE RESPONDENT TO GRANT 3 MONTHS GENERAL PAROLE TO CONVICT PRISON NO.00133, i.e., GIRISH S/O BABU MUGERA, ON SUCH TERMS AND CONDITIONS. - 3 - NC: 2025:KHC:16631 WP No. 12002 of 2025 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 son of the petitioner is sought to be released by grant of general parole in a petition filed by the father. 2. Heard Smt. Pooja Kattimani, learned counsel for Shri Dinesh Kumar Rao K., learned counsel appearing for the petitioner and Shri Rahul Cariappa, leaned Additional Government Advocate appearing for the respondents. 3. The son of the petitioner gets embroiled in a crime in crime No.319/2016 for offences punishable under Section 302 read with 34 of the Indian Penal Code, 1860. He is convicted for the said offence. The petitioner as on today has spent 7years and 4months in prison, pursuant to the said conviction and has not availed any parole till date. 4. The learned counsel appearing for the petitioner submits that the house of the petitioner is in a dilapidated condition and the necessity of the petitioner's son being present for the repair work of the house is imperative and also the fact - 4 - NC: 2025:KHC:16631 WP No. 12002 of 2025 that the petitioner's son has not suffered any adverse entry in the imprisonment certificate or in the instructions of the learned Additional Government Advocate. 5. In the light of the aforesaid circumstance, I deem it appropriate to grant the petitioner's son a general parole for a period of 60days to begin from 25.04.2025 to 23.06.2025. 6. For the aforesaid reasons, the following: ORDER (i) The Writ Petition is allowed in part. (ii) The impugned endorsement bearing No.12/Parole/G.T.A.no./D.K./2024 dated 09.12.2024 issued by respondent No.5 stands quashed. (iii) Mandamus issues to the respondents to consider the representation of the petitioner and release his son on general parole for 60days, from the forenoon of 25.04.2025, till the evening of 23.06.2025. (iv) The respondents shall stipulate strict conditions as are usually stipulated, to ensure the return of the detenue (CTP No.00133) to the gaol and that he shall not commit any - 5 - NC: 2025:KHC:16631 WP No. 12002 of 2025 other offence during the period of general parole. (v) The petitioner's son (CTP No.00133) 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 petitioner's son 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 respondents, by way of electronic mail, forthwith. (vii) The petitioner is at liberty to seek extension of parole, which shall be considered looking at the conduct of the petitioner's son – convict while he is out on emergency parole. Sd/- (M.NAGAPRASANNA) JUDGE JY CT-SG List No.: 1 Sl No.: 72