- 1 - HC-KAR NC: 2025:KHC:45799 WP No. 31044 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 31044 OF 2025 (GM-POLICE) BETWEEN: SRI SHIVAKUMAR @ KUMARA S/O. YALLAPPA, AGED ABOUT 38 YEARS, R/AT BEHIND GUNDLAMMA TEMPLE, KYATHASANDRA, TUMAKURU-572 104 (NOW IN CUSTODY CENTRAL PRISON, BENGALURU) …PETITIONER (BY SRI. KIRAN S S.,ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARIAT, DEPARTMENT OF HOME, VIDHANA SOUDHA BANGALORE- 560 001 2. THE CHIEF SUPERINTENDENT CENTRAL PRISON, PARAPPANAGHRAHARA, BANGALORE- 580 100. 3. THE COMMISSIONER OF POLICE 84MC JVC, SIDDALINGAIAHNA PALYA, TUMKUR KARNATAKA 572 103 …RESPONDENTS (BY SMT. K.P YASHODHA., AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI BY QUASHING THE ENDORSEMENT AS ANNEXURE-B Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45799 WP No. 31044 of 2025 ISSUED BY THE 294 RESPONDENT DATED 04.09.2025 IN NO.CPB/CTP-SEC/10197/25 BY DIRECTING THE RESPONDENT NO.2/CENTRAL PRISON, BANGALORE, TO RELEASE THE PETITIONER ON PAROLE FOR A PERIOD OF 90 DAYS IN PRISONER CTP NO.11401 CONVICTED BY THE JUDGEMENT AND ORDER DATED 19.03.2019 PASSED BY THE HONBLE ADDITIONAL DISTRICT AND SESSION JUDGE, TUMAKURU IN SC.NO.56/2018 VIDE ANNX-A FOR THE OFFENCES UNDER SECTIONS 302, 201 AND 397 OF IPC, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS WRIT 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 wife of detenu-Shivakumar @ Kumara (CTP 11401) is before this Court seeking for the following reliefs: a. Issue a Writ of Certiorari by quashing the endorsement as ANNEXURE-B issued by the 2nd Respondent dated 04/09/2025, No./CPB/CTP/-Sec/10197/2025, by directing the Respondent No.2/Central Prison, Bangalore, to release the Petitioner on parole for a period of 30 days in prisoner CTP No.11401 convicted by the judgement and order dated 19.03.2019 passed by the Hon’ble Additional District and Session Judge, Tumakuru in S.C.No.56/2018 vide Annexure-A for the Offences punishable U/sec. 302, 201 and 397 of IPC in the interest of justice and equity. b. Issue such other suitable orders or direction as this Hon'ble court deems fit and proper in the nature and circumstances of the case, in the interest of justice and equity. - 3 - HC-KAR NC: 2025:KHC:45799 WP No. 31044 of 2025 2. The detenu was convicted for offences under Section on 302, 201, 397 of IPC in SC No.56/2018 by the Principal District and Sessions Judge, Tumakuru and sentenced on 21.03.2019, highest of the sentence being imprisonment for life. The petitioner had earlier been granted court parole on two earlier occasions. The application filed for parole by the detenu had been rejected on the ground that a criminal appeal and bail application in the said appeal are pending for consideration. 3. This Court has dealt with similar issue vide its Order dated 30.10.2025 in WP No.16376/2025 and categorically held that pendency of a criminal appeal or pendency of a bail application will not come in the way of a parole application being considered. The said rule would apply on all fours to the present fact. 4. A perusal of the documents produced including the incarceration certificate would indicate that there are no complaints against the detenu and the detenu had - 4 - HC-KAR NC: 2025:KHC:45799 WP No. 31044 of 2025 earlier been granted parole. Hence, I pass the following: ORDER i) The Writ Petition is allowed. ii) Respondent No.2–Chief Superintendent is directed to release Shivakumar @ Kumara (CTP 11401) on parole for a period of 60 days commencing from 17.11.2025 or from the date of release, whichever is earlier, subject to the following conditions: a) The prisoner 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 prisoner would evade going back to the gaol, after the expiry of the period of parole. - 5 - HC-KAR NC: 2025:KHC:45799 WP No. 31044 of 2025 b) Respondent No.1 shall stipulate strict conditions as are usually stipulated to ensure return of the detenu to the gaol and that he shall not commit any other offence during the period of parole. iii) 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.: 16