- 1 - HC-KAR NC: 2025:KHC:35470 WP No. 16322 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 16322 OF 2025 (GM-POLICE) BETWEEN: SMT MANJULA W/O PUTTASHETTY AGED ABOUT 35 YEARS SISTER OF SWAMY, CTP.NO.19513, AGED ABOUT 35 YEARS, R/O CHAMALAPURADA HUNDI, CHAVADI BEEDI, NANJANGUD TOWN, DISTRICT MYSURU PINCODE-571301. &PETITIONER (BY SRI. BALASUBRAMANYA B.N.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA HOME DEPARTMENT, THROUGH PRINCIPAL SECRETARY, Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:35470 WP No. 16322 of 2025 VIDHANA SOUDHA, BENGALURU-560001. 2. CHIEF SUPERINTENDENT CENTRAL PRISON, MYSURU-570007. &RESPONDENTS (BY SMT.K.P. YASHODHA., AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE R2 TO RELEASE THE PETITIONERS BROTHER SWAMY AT CTP NO. 19513 ON PAROLE FOR THE PERIOD OF 90 DAYS FROM THE DATE OF HIS RELEASE. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD - 3 - HC-KAR NC: 2025:KHC:35470 WP No. 16322 of 2025 ORAL ORDER The petitioner's brother is convicted for life in SC No. 287 of 2014 on the file of the II Additional Sessions Judge, Mysuru. The petitioner in terms of the Imprisonment Certificate dated 30.12.2024 has spent 7 years 3 months and 24 days in prison. Sri Balasubramanya, the learned counsel for the petitioner, submits that the petitioner seeks general parole for her brother because in all these seven to eight years, he has not been admitted to parole and that their mother who is more than 68 years is suffering from old age ailments, that the petitioner has repeatedly filed applications for parole and each time it is rejected based on the reports that the petitioner will join political rival gangs or that there would be a law and order situation or the petitioner would wreck vengeance on the complainant. - 4 - HC-KAR NC: 2025:KHC:35470 WP No. 16322 of 2025 The due consideration of the petitioner's parole would be when the reports received are forwarded to the Director General of Prisons and Correctional Services, as required under the Karnataka Prisons and Correctional Services Manual, 2021 [for short, 'the Manual'] and this officer must consider the same in view of the purpose for which a convict is admitted to parole as underscored in the Manual. In the present case, the decision of the Senior Officer has not been enabled. On a careful consideration of all the circumstances, this Court is of the view that the petitioner's brother must be admitted to general parole on terms. Hence the following: ORDER [A] The petition is allowed. [B[ The second respondent is directed to grant general parole to the petitioner's brother - 5 - HC-KAR NC: 2025:KHC:35470 WP No. 16322 of 2025 subject to the terms as contemplated under the Karnataka Prisons and Correctional Services Manual 2021 on receipt of certified copy of this order. [C] The second respondent shall, amongst others, stipulate that the petitioner's brother shall mark attendance every alternative day with the jurisdictional Police in the morning between a scheduled period. [D] The learned counsel for the petitioner is granted liberty to file a certified copy of this order with the second respondent [by email: cpmys.prisons-kar@gov.in]. Sd/- (B M SHYAM PRASAD) JUDGE NV List No.: 3 Sl No.: 26