- 1 - HC-KAR NC: 2025:KHC:49899 WP No. 10735 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 10735 OF 2025 (GM-POLICE) BETWEEN: VENKATESH S/O MUTHU, AGED ABOUT 27 YEARS, R/AT: NO.33, 3RD CROSS, NARASEEPURA LAYOUT, VIDYARANYAPURA, BENGALURU – 560 084. …PETITIONER (BY SRI M.KRISHNE GOWDA, ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HOME VIDHANA SOUDHA, BENGALURU – 560 001. 2. STATE OF KARNATAKA REPRESENTED BY DODDABELAVANGALA POLICE, BENGALURU – 560 063. 3. STATE OF KARNATAKA COMMISSIONER OF POLICE, BENGALURU DISTRICT Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:49899 WP No. 10735 of 2025 BENGALURU – 560 001. 4. CHIEF SUPERINTENDENT OF PRISON CENTRAL PRISON PARAPPANA AGRAHARA BENGALURU – 560 068. …RESPONDENTS (BY SMT.K.P.YASHODHA, AGA) THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTION FOR THE R-4 TO RELEASE THE DETUNE VENKATESH THE CTP NO. BEARING 15041 ON PAROLE FOR A PERIOD OF 90 DAYS FOR THE PURPOSE OF HIS OLD HOUSE REPAIR AND TO MAKE NECESSARY ARRANGEMENTS FOR HIS OLD AGED MOTHERS MEDICAL NEEDS. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioner - convict – Venkatesh (CTP No.15041) is before this Court seeking for the following reliefs: "a) Issue a Writ / order / direction for the respondent No.4 to release the Detenue – Venkatesh, the CTP No.bearing 15041 on parole for a period of 90 days for the purpose of his old house repair and to make necessary arrangements for his old aged mother’s medical needs. b) Pass such order/s as this Hon’ble Court deems fit to grant on the facts and circumstances of the case, in the interest of justice.” - 3 - HC-KAR NC: 2025:KHC:49899 WP No. 10735 of 2025 2. The detenu had been convicted in S.C.No.10005/2021 by the 4th Additional District and Sessions Judge, Bengaluru Rural District, sitting at Doddaballapura, for the offences under Section 396 r/w 109 of the IPC and Section 120B of the IPC and sentenced on 15.01.2025, the highest of which was imprisonment for life. 3. The detenu had made an application for parole on the ground that his mother is suffering from age old diseases and that the house being under repair and he is required to carry out the repairs of the house. The said application came to be rejected on the ground that a bail application was pending before the first appellate Court on a challenge being made. It is in that background that the petitioner – detenu is before this Court seeking the aforesaid reliefs. 4. This Court in several cases has held that pendency of an appeal or a bail application cannot be a ground for rejection of parole, inasmuch as parole is for a limited period and in the event of release of the detenu on bail, the said release would operate during the entire course of - 4 - HC-KAR NC: 2025:KHC:49899 WP No. 10735 of 2025 the pendency of the appeal. The petitioner in the present case having made out a case, that the house of the petitioner requires repairs and the photographs having produced along with the petition, this Court is of the considered opinion that limited period of parole could be granted to the convict. As such, I pass the following: ORDER a. The writ petition is allowed in part. b. Respondent No.4 - the Chief Superintendent of Prison, Bengaluru, is directed to release Venkatesh (CTP No.15041) on parole for a period of 30 days commencing from 12.12.2025, subject to the following conditions: (i) The prisoner (CTP No.15041) shall mark his attendance in the jurisdictional Police Station, weekly once throughout the period of his parole and it would be the responsibility of the jurisdictional Police to take him to gaol, in the event, the convict (CTP No.15041) would evade going back to the gaol, after the expiry of the period of general parole. - 5 - HC-KAR NC: 2025:KHC:49899 WP No. 10735 of 2025 (ii) Respondent No.4 shall stipulate strict conditions as are usually stipulated to ensure return of the detenue to the gaol and that he shall not commit any other offence during then period of parole. c. The Registry is directed to communicate the order to the prison authority for its immediate execution. SD/- (SURAJ GOVINDARAJ) JUDGE NVJ List No.: 2 Sl No.: 25