- 1 - NC: 2025:KHC:15856 WP No. 36115 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 36115 OF 2024 (GM-POLICE) BETWEEN: 1. SURENDRA S/O RAMEGOWDA AGED ABOUT 68 YEARS R/AT SAMPE KOLALU KUNTHUR, SRINGERI CHIKKAMAGALURU DISTRICT - 577134 (PETITIONER IS THE FATHER OF CONVICT AND CTP.NO.01514 BY NAME DEVISHARANA S/O SURENDRA) …PETITIONER (BY SRI. N.A. CARIAPPA, ADVOCATE) AND: 1. STATE OF KARNATAKA BY SRINGERI POLICE STATION, CHIKKAMAGALURU - 577112 2. ADDITIONAL CHIEF SECRETARY DEPARTMENT OF HOME AND PRISON VIDHANA SOUDHA BANGALORE - 560001. 3. DIRECTOR GENERAL OF POLICE AND INSPECTOR GENERAL OF PRISON Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:15856 WP No. 36115 of 2024 AND CORRECTIONAL SERVICES NO.4, SESHADRI ROAD BANGALORE - 560009. 4. CHIEF SUPERINTENDENT CENTRAL PRISON SHIVAMOGGA - 577 222 5. SUPERINTENDENT OF POLICE CHIKKAMAGALURU - 577 112 (RESPONDENT NOS.1 TO 5 ARE REPRESENTED BY LEARNED GOVERNMENT ADVOCATE HIGH COURT OF KARNATAKA BANGALORE - 560001) …RESPONDENTS (BY SRI. SHAMANTH NAIK, HCGP) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT QUASHING THE ENDORSEMENT DTD 09.12.2024 BY BEARING NO. DCRB/CC/PAROLE/12/2024 AS PER ANNX-A AS ILLEGAL, ARBITRARY AND OPPRESSIVE AND ETC. THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC:15856 WP No. 36115 of 2024 CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER The father of the convict is at the doors of this Court seeking release of his son on parole for a period of 3 months. 2. Heard Sri. N.A. Kariappa, learned counsel appearing for the petitioner and Sri. Shamanth Naik, learned HCGP appearing for the respondents. 3. The son of the petitioner gets embroiled in a crime for an offence punishable under Section 6 of the Protection of Children from Sexual Offences Act, 2012 ('the POCSO Act' for short) and he is sentenced to 20 years of imprisonment and the criminal appeals so filed against the order of conviction also comes to be rejected by an order dated 25.05.2024. The petitioner's son is thus now in prison for the last 5 years. 4. The convict, who is in prison, submits a representation seeking grant of parole for a period of 30 days. On 09.12.2024, the parole comes to be rejected on the ground that the offence is the one punishable under Section 6 of the - 4 - NC: 2025:KHC:15856 WP No. 36115 of 2024 POCSO Act and there is no warrant to grant parole. It is therefore, the petitioner is before this Court seeking release of his son on parole. 5. Learned counsel appearing for the petitioner submits that the convict is the only son to the petitioner and the agriculture land that he had left at the time of 5 years ago, is now in a dilapidated condition and it needs to be nourished. Therefore, he is seeking parole. 6. Learned HCGP on instructions would submit that there is no adverse report against the petitioner's son during the time in prison and it is the first time that he is seeking parole. 7. In the light of the aforesaid circumstance and the petitioner's son being in prison for the last 5 years, I deem it appropriate to permit the son of the petitioner to be released on parole for a period of 45 days, which would become operational from 21.04.2025 to 04.06.2025. - 5 - NC: 2025:KHC:15856 WP No. 36115 of 2024 8. For the aforesaid reasons, the following: ORDER (i) Writ Petition is allowed in part. (ii) Mandamus issues respondent Nos.2 to 5 to consider the representation of the petitioner and release his son on general parole for 45 days, from the forenoon of 21.04.2025, till the evening of 04.06.2025. (iii) Respondent Nos.2 to 5 shall stipulate strict conditions as are usually stipulated, to ensure the return of the detenue (CTP No.01514) to the gaol and that the convict shall not commit any other offence during the period of general parole. (iv) The convict (CTP No.01514) 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 to 5, by way of electronic mail, forthwith. - 6 - NC: 2025:KHC:15856 WP No. 36115 of 2024 (vi) The convict is at liberty to seek extension of parole, which shall be considered looking at the conduct of the convict while he is out on general parole. Sd/- (M.NAGAPRASANNA) JUDGE SJK List No.: 1 Sl No.: 14