- 1 - HC-KAR NC: 2025:KHC:20049 WP No. 16503 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 16503 OF 2025 (GM-POLICE) BETWEEN: BHUVANESHA T P @ KUTTI, S/O CHATHU KUTTI, AGED ABOUT 32 YEARS, R/AT 1ST CROSS, NEAR GANESH TEMPLE, N.G.R. LAYOUT, RUPENA AGRAHARA, BOMMANAHALLI, BENGALURU - 560 068. NOW IN CENTRAL PRISON, HAVING CTP NO.7155, PARAPPANA AGRAHARA, BENGALURU - 560 100. …PETITIONER (BY SRI. MANJUNATHA RAO LOKANDE E, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY PRINCIPAL SECRETARY, HOME DEPARTMENT, VIDHAN SOUDHA, BENGALURU - 560 001. 2. THE SUPERINTENDENT OF POLICE, BENGALURU DISTRICT, BENGALURU - 560 001. Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:20049 WP No. 16503 of 2025 3. THE CHIEF SUPERINTENDENT, CENTRAL PRISON, PARAPPANA AGARAHARA, BENGALURU - 560 100. 4. THE DIRECTOR GENERAL OF POLICE AND INSPECTOR GENERAL OF POLICE, KARNATAKA PRISON CORRECTIONAL SERVICES, SHESHADRI ROAD, BENGALURU - 560 009. …RESPONDENTS (BY SRI. MOHAMMED JAFFAR SHAH, AGA) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-3 TO RELEASE THE PETITIONER ON GENERAL PAROLE FOR 90 DAYS (CONSIDERING PRODUCED VIDE ANNX-D) TO THE WRIT PETITION. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S SUNIL DUTT YADAV ORAL ORDER The petitioner is stated to be accused has been convicted. 2. Learned counsel for the petitioner submits that insofar as the sentence is concerned, he has undergone - 3 - HC-KAR NC: 2025:KHC:20049 WP No. 16503 of 2025 detention of 12 years 11 days and he is eligible for remission of 1 year 10 months and 18 days. 3. It is further submitted that he has completed technically 14 years 1 month and 21 days of imprisonment and his application requires to be considered suo-moto for placing before the Advisory Board for premature release. 4. It is further submitted that the petitioner intends to get married on 18th of this month (i.e. 18.06.2025). Copy of the invitation card is given. 5. It is noticed that the petitioner has sought General Parole in terms of 638(1)(c) the Karnataka Prisons and Correctional Services Manual, 2021 and there is a requirement that for grant of General Parole, there has to be gap of 6 months from the last date of surrender after completion of parole. - 4 - HC-KAR NC: 2025:KHC:20049 WP No. 16503 of 2025 6. It is submitted that such time gap is not maintained and accordingly, General Parole could not have been considered. 7. Heard both sides. 8. It is to be noticed that the petitioner has intended to get married on 18.06.2025. The petitioner's case is one that could be made out under ground of emergency parole by making necessary application to the Jail Superintendent. 9. It is further noticed that he has completed 14 years 1 month and 21 days of imprisonment. In light of the observation of the Hon'ble Supreme Court in the case of Sonadhar vs. The State of Chhattisgarh - Special Leave to Appeal (Crl.) No. 529/2021, even prior to the conclusion of the period of imprisonment, the authorities must 3 months prior to the date of eligibility for premature release refer the case of such convict to the Advisory - 5 - HC-KAR NC: 2025:KHC:20049 WP No. 16503 of 2025 Board. Accordingly, in light of the peculiar facts of this case and his status of premature release, i) The petitioner to make out application under the ground of emergency parole today itself before the Jail Superintendent. The same to be considered and orders to be passed by 16.06.2025. ii) Insofar as the oral submission made regarding request of premature release, the concerned Authorities are to forward the application of the petitioner to the Board after taking necessary decision within two weeks from today. Accordingly, the petition is disposed off. Sd/- (S SUNIL DUTT YADAV) JUDGE DHA