- 1 - HC-KAR NC: 2025:KHC:45857 WP No. 31887 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. 31887 OF 2025 (GM-POLICE) BETWEEN: SRI. SHIVAKUMAR S/O. MUNIRAJU M AGED ABOUT 29 YEARS, R/A NO.53, VISHWESHWARAIAH LAYOUT, ANEKAL, BENGALURU-562106. CTP NO.15286 (PRESENTLY LODGED IN JUDICIAL CUSTODY AT CENTRAL PRISON, BENGALURU) …PETITIONER (BY SRI. SPARSHA SHETTY, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY, DEPARTMENT OF HOME, VIDHANA SOUDHA, BANGALORE- 560 001 2. THE ADDITIONAL GENERAL OF POLICE AND INSPECTOR GENERAL OF PRISON, NO.4, SHESHADRI ROAD, BANGALORE-560009 3. CHIEF SUPERINTENDENT, CENTRAL PRISON, BENGALURU-560100. 4. SUPERINTENDENT OF POLICE, BENGALURU RURAL DISTRICT, NO. 5, MILLERS ROAD, BENGALURU-560052 …RESPONDENTS (BY SMT.K.P.YASHODHA, AGA) Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45857 WP No. 31887 of 2025 THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENTS TO RELEASE PETITIONER/CONVICTED PRISONER BEARING CTP NO. 15286 ON GENERAL PAROLE FOR A PERIOD OF 90 DAYS IN ACCORDANCE WITH LAW CITING THAT ILLNESS OF THE CONVICT MOTHER IN THE INTEREST OF JUSTICE. ALTERNATIVELY, DIRECT THE RESPONDENTS TO ACT ON THE REPRESENTATION DATED 30.07.2025 MADE BY THE PETITIONER SEEKING PAROLE AS IS EVIDENT FROM ANNEXURE-E AND GRANT GENERAL PAROLE FOR PERIOD OF 90 DAYS ON THE GROUND OF ILLNESS OF CONVICT'S MOTHER IN ACCORDANCE WITH KARNATAKA PRISON MANUAL, 2021VT 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 petitioner- Detenu Shivakumara.M (CTP No.15286) is before this Court seeking for the following reliefs: a. Issue a Writ of Mandamus directing the respondents to release Petitioner/convicted prisoner bearing CTP no. 15286 on general parole for a period of 90 days in accordance with law citing that illness of the convict mother in the interest of justice. b. Alternatively, direct the respondents to act on the letter dated 17.08.2025 made by Respondent No.3 and the petitioner seeking parole as is evident from Annexure-E and grant general parole for period of 90 days on the ground of illness of convict's mother in accordance with Karnataka Prison Manual, 2021. - 3 - HC-KAR NC: 2025:KHC:45857 WP No. 31887 of 2025 c. Grant such other order or directions for the benefits petitioner as this Hon’ble Court deems fit in the interest of justice and equity. 2. The detenu had been convicted in S.C.No.5001/2024 for the offences punishable under Section 120B, 143, 147, 148, 114, 302 r/w 149 302, 201, 498A of IPC by the II Addl. District and Session Judge, Ramanagara with the highest of the sentence being imprisonment for life. The detenu has served a period of 4 years 21 days of imprisonment as on 26.09.2025. The petitioner made an application for grant of general parole on account of illness of his mother who required medical assistance, which is said to be rejected on account of no report had been received from the jurisdictional police. In that background, the petitioner is before this Court. 3. Merely because a report is not received from the police authorities, the question of rejection of the application of the petitioner would not arise. The respondent-authorities cannot take advantage of non receipt of police report to reject an application for - 4 - HC-KAR NC: 2025:KHC:45857 WP No. 31887 of 2025 parole. A perusal of the imprisonment certificate indicates no particular adverse opinion or finding insofar as the petitioner is concerned and that his conduct has been satisfactory. In that view of the matter, I pass the following: ORDER i) The Writ Petition is allowed. ii) Respondent–Chief Superintendent, Central Prison, Bangalore, is directed to release the detenu- Shivakumara.M (CTP No.15286) 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- Shivakumara.M (CTP No.15286) 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 them to gaol, in the event, the convict would evade going back to the gaol, after the expiry of the period of parole. - 5 - HC-KAR NC: 2025:KHC:45857 WP No. 31887 of 2025 b) Respondent No.1-State of Karnataka 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 LN List No.: 2 Sl No.: 33