- 1 - NC: 2025:KHC:11809 WP No. 18415 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 18415 OF 2024 (GM-POLICE) BETWEEN: 1. BABI AGED ABOUT 45 YEARS, S/O. AITHAPPA NALIKE, YARAMALA PALIKE HOUSE, KADIRUDHYAVARA VILLAGE, BELTHANGADY TALUK, DAKSHINA KANNADA. …PETITIONER (BY SRI. TALHA ISMAIL BENGRE, ADVOCATE) AND: 1. THE CHIEF SUPERINTENDENT PRISON CENTRAL PRISON, SHIVAMOGGA-577 222. 2. SUPERINTENDENT OF POLICE MANGALORE, DAKSHINA KANNADA-575 001. 3. STATION HOUSE OFFICER BELTHANGADY POLICE STATION, DAKSHINA KANNADA-574 214. …RESPONDENTS (BY SRI. RAHUL CARIAPPA, AGA) Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:11809 WP No. 18415 of 2024 THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE PAROLE REJECTION ORDER DTD. 30.05.2024 PASSED BY RESPONDENT. DIRECTION BY THE WRIT TO THE RESPONDENT TO RELEASE THIS PETITIONER BEARING CTP NO. 01192 ON PAROLE FOR THE PERIOD OF 30 DAYS. 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 is before this Court seeking his release from the prison on grant of parole for a period of 30 days. 2. Heard Sri. Talha Ismail Bengre, learned counsel appearing for the petitioner, Sri. Rahul Cariappa, learned AGA appearing for the respondents and have perused the material on record. 3. The petitioner gets embroiled in a crime for an offence punishable under Section 6 of the Protection of Children from Sexual Offences Act, 2012 ('POCSO Act' for short) and he is tried in Spl.C.No.84/2022. He has been in prison for the last - 3 - NC: 2025:KHC:11809 WP No. 18415 of 2024 2 years, 4 months and 15 days. The prison certificate is appended to the petition, which does not indicate anything adverse to the petitioner. 4. Learned counsel appearing for the petitioner submits that the parole is being sought on the score that both his parents are no more and the house is in a dilapidated condition. 5. Learned AGA would refute the submissions and object grant of parole owing to the offence being under Section 6 of the POCSO Act. 6. In the light of the petitioner also suffering from illness and the parents being no more, I deem it appropriate to grant the petitioner parole for a period of 30 days, subject to extension owing to his contact to become operational from 24.03.2025 to 22.04.2025. 7. For the aforesaid reasons, the following: ORDER (i) Writ Petition is allowed in part. - 4 - NC: 2025:KHC:11809 WP No. 18415 of 2024 (ii) Mandamus issues respondent Nos.2 and 3 to consider the representation of the petitioner and release the petitioner on parole for 30 days, from the forenoon of 24.03.2025, till the evening of 22.04.2025. (iii) Respondent Nos.2 and 3 shall stipulate strict conditions as are usually stipulated, to ensure the return of the detenue (CTP No.01192) to the gaol and that the convict shall not commit any other offence during the period of general parole. (iv) The convict (CTP No. 01192) 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. (v) Registry is directed to communicate this order to respondent Nos.2 and 3, by way of electronic mail, forthwith. (vi) The convict is at liberty to seek extension of parole, which shall be considered looking at - 5 - NC: 2025:KHC:11809 WP No. 18415 of 2024 the conduct of the convict while he is out on parole. Sd/- (M.NAGAPRASANNA) JUDGE SJK List No.: 1 Sl No.: 11