- 1 - NC: 2025:KHC:12962 WP No. 36338 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 36338 OF 2024 (GM-POLICE) BETWEEN: JANAKAMMA, W/O BAIRAPPA, BROTHER OF PRISONER PRASAD @ GURU PRASAD CTP 14260 AGED ABOUT 58 YEARS, R/O NO. 354, BELATHUR COLONY, BELATHUR, BANGALORE, KARNATAKA - 560 067. …PETITIONER (BY SMT. UMME SALMA, ADVOCATE) AND: 1. STATE OF KARNATAKA HOME DEPARTMENT, THROUGH PRINCIPAL SECRETARY, VIDHANA SOUDHA, BENGALURU - 560 001. 2. CHIEF SUPERINTENDENT, CENTRAL PRISON, BANGALORE - 560 100. …RESPONDENTS (BY SRI. RAHUL CARIYAPPA, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R2 TO RELEASE THE BROTHER OF THE PETITIONER PRASAD AT Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:12962 WP No. 36338 of 2024 GURUPRASAD CTP 14260 ON GENERAL PAROLE FOR A PERIOD OF 90 DAYS. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER The sister of the convict is before this Court seeking release of the convict on emergency parole. 2. Heard Smt. Umme Salma, learned counsel appearing for the petitioner and Shri Rahul Cariyappa, learned counsel appearing for the respondent. 3. The brother of the petitioner gets embroiled in a crime for offences punishable under Section 32(1) and 38(A) of the Karnataka Excise Act and is tried in C.C.No.911/2013. He is convicted for the said offence and sentenced to undergo imprisonment for a period of two years. The convict as on today is said to have undergone 9months imprisonment, according to what the learned AGA would submit, which is disputed by the learned counsel appearing for the petitioner contending that it is one year and one month. - 3 - NC: 2025:KHC:12962 WP No. 36338 of 2024 4. Be that as it may. What is now sought is emergency parole on account of the illness of the petitioner, who is the sister of the convict. Though, parole can be granted only after the completion of imprisonment for a period of two years, the case being that of emergency parole, I deem it appropriate to grant the petitioner emergency parole for a period of 15 days to begin from 28.03.2025 to 11.04.2025. 5. For the aforesaid reasons, the following: ORDER (i) The Writ Petition is allowed in part. (ii) Respondent No.2 to consider the representation of the petitioner and release the petitioner's brother on emergency parole for 15 days, from the forenoon of 28.03.2025, till the evening of 11.04.2025. (iii) Respondent No.2 shall stipulate strict conditions as are usually stipulated, to ensure the return of the detenue (CTP No.14260) to the gaol and that he shall not commit any other offence during the period of emergency parole. - 4 - NC: 2025:KHC:12962 WP No. 36338 of 2024 (iv) The petitioner's brother (CTP No.14260) shall mark his attendance in the jurisdictional police station, weekly once throughout the period of his emergency parole and it would be the responsibility of the jurisdictional police to take him to gaol, in the event, the petitioner's brother would evade going back to the gaol, after the expiry of the period of emergency parole. (v) Registry is directed to communicate this order to the respondents, by way of electronic mail, forthwith. (vi) The petitioner is at liberty to seek extension of parole, which shall be considered looking at the conduct of the petitioner's brother – convict while he is out on emergency parole. Sd/- (M.NAGAPRASANNA) JUDGE JY List No.: 2 Sl No.: 2 CT: BHK