- 1 - HC-KAR NC: 2025:KHC:50007 WP No. 26135 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. 26135 OF 2025 (GM-POLICE) BETWEEN: SRI.ANJANAPPA S/O LATE THIPPAIAH AGED ABOUT 42 YEARS, R/AT BAGENAHEDDHAL ESTATE, COOLIE LINE HOUSE, CHANNAGONDANAHALLI VILLAGE, MARABANAHALLI VILLAGE, KOODLIGI TALUK, BALLARY DISTRICT-583135 PRESENTLY IN CENTRAL PRISON, CTP NO.00645 SHIVAMOGGA-577222 …PETITIONER (BY SRI. MAHESH KUMAR K M, ADVOCATE) AND: 1. THE CHIEF SUPERINTENDENT CENTRAL PRISON, SHIVAMOGGA-577222 2. THE SUPERINTENDENT OF POLICE DISTRICT POLICE OFFICE, VIJAYANAGARA DISTRICT, HOSAPETE-583201 …RESPONDENTS (BY SMT.K.P.YASHODHA, AGA FOR R1 & R2) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 01.07.2025 VIDE SAM/KEKAASHI/J1/945/2025-26 PASSED BY THE R1 AT ANNEXURE-E AND FURTHER BE PLEASED TO DIRECT THE R1 POLICE TO RELEASE THE PETITIONER ON PAROLE FOR A PERIOD OF 90 DAYS WITHOUT REFERRING THE MATTER TO THE R2 POLICE. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:50007 WP No. 26135 of 2025 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 brother of the detenu – Anjanappa - CTP 00645 is before this Court seeking for the following reliefs: A. Quash the impugned order dated 01.07.2025 vide SAM/KEKAASHI/J1/945/2025-26 passed by the R1 at Annexure-E and further be pleased to direct the R1 police to release the petitioner on parole for a period of 90 days without referring the matter to the R2 police. B. Issue any other writ or order or direction that deems fit to grant in the circumstances of the case in the interest of justice. 2. The detenu had been convicted for the offences punishable under Sections 376 (3), 376 (2)(n), 5(j) (ii) and 6 of POCSO Act, 506, 450 of IPC by the Additional District and Sessions Judge, FTSC-I, Chikkamagaluru in Splc.(P) No.38/2018 and on 27.10.2020, the detenu had been sentenced for life imprisonment. As on 23.1.2025, the detenu has undergone incarceration for a period of 6 years, 7 months and 16 days. The detenu having made an - 3 - HC-KAR NC: 2025:KHC:50007 WP No. 26135 of 2025 application for parole on the ground that his house requires repairs, the same came to be rejected on account of adverse police report which had been submitted. 3. The said adverse police report only refers to the earlier commission of the crime by the detenu and the conviction. There is no particular allegation as regard the detenu being a danger to the victim of the offence or the victim being a danger to the detenu’s life. In that view of the matter, the adverse police report is of no avail in the present matter. 4. In terms of prison manual, repair of a house being one of the grounds for granting parole, I am of the considered opinion that the detenu would be required to be granted parole when there is no complaint against the detenu and his conduct during incarceration has been satisfactory. As such, I pass the following: - 4 - HC-KAR NC: 2025:KHC:50007 WP No. 26135 of 2025 ORDER i) The Writ Petition is allowed. ii) The impugned order dated 01.07.2025 passed by Respondent No.1 at Annexure-E is quashed. iii) Respondent No.2 is directed to release detenu – Anjanappa - CTP 00645 on parole for a period of 30 days commencing from 8.12.2025, subject to the following conditions. a) The prisoner (CTP 00645) 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 would evade going back to the gaol, after the expiry of the period of parole. b) Respondent No.1 shall stipulate strict conditions as are usually stipulated to ensure return of the detenu to the gaol and - 5 - HC-KAR NC: 2025:KHC:50007 WP No. 26135 of 2025 that he shall not commit any other offence during the period of parole. iv) The Registry is directed to communicate the order to the Prison Authority for its immediate execution. SD/- (SURAJ GOVINDARAJ) JUDGE PRS List No.: 2 Sl No.: 35