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High Court of Karnataka · body

2025 DAILYLAW 56386 (KAR)

M N GEETHA v. STATE OF KARNATAKA

WP/28762/2025 · 2025-09-22

B M Shyam Prasad

Transfer Petitionbody2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:37929 WP No. 28762 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 28762 OF 2025 (GM-POLICE) BETWEEN: M N GEETHA W/O MUNDODI M NANAIAH @ NANDA AGED ABOUT 48 YEARS R/AT NO 90, MARAGODU KODAGU, KARNATAKA 571252 HUSBAND OF PETITIONER MUNDODI M NANAIAH @ NANDA CTP-00807 S/O LATE MUTHAPPA AGED ABOUT 47 YEARS PRESENTLY LODGED AT CENTRAL PRISON, MYSURU 570007 …PETITIONER (BY SRI. NAVEED AHMED Z, ADVOCATE FOR SRI. SIRAJUDDIN AHMED, ADVOCATE) AND: 1. STATE OF KARNATAKA HOME DEPARTMENT, Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:37929 WP No. 28762 of 2025 THROUGH PRINCIPAL SECRETARY VIDHANA SOUDHA, BENGALURU 560001 2. CHIEF SUPERINTENDENT CENTRAL PRISON, MYSURU 570007 3. SHO MADIKERI RURAL P S MADIKERI 571201 JURISDICTIONAL POLICE STATION …RESPONDENTS (BY SRI. K.P.YASHODHA, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R2 TO RELEASE THE PETITIONERS HUSBAND MUNDODI M NANAIAH AT NANDA CTP- 00807 ON GENERAL PAROLE FOR A PERIOD OF 90 DAYS CITING THAT THE PETITIONERS HUSBAND WHO IS THE CONVICT PRISONER IN MYSURU CENTRAL PRISON NEED TO TAKE CARE OF HER AILING WIFE, THE PRESENCE OF THE CONVICT IS ESSENTIAL FOR PURPOSE TO LOOK AFTER HER AILING WIFE AS SHE IS SUFFERING FORM IRREGULAR BLEEDING AND OTHER SERIOUS DISEASES. - 3 - HC-KAR NC: 2025:KHC:37929 WP No. 28762 of 2025 THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioner's husband is incarcerated for over six years upon conviction for life imprisonment for the offences punishable under Section 302 and other provisions of IPC and certain other provisions of the Indian Arms Act, 1959. The petitioner's husband is lodged with the second respondent, and his application for grant of parole on the ground that his wife [the petitioner] requires immediate medical attention is rejected. Mr. Naveed Ahmed Z, the learned counsel for the petitioner, and Ms. K. P. Yashodha, the learned Additional Government Advocate, who is called upon to accept notice for the respondents, is heard for - 4 - HC-KAR NC: 2025:KHC:37929 WP No. 28762 of 2025 disposal of the petition in the light of the report dated 28.08.2025 filed by the Police Superintendent, Mysuru and the orders of the Chief Superintendent, Central Prison, Mysuru [the second respondent]. It emerges from these report and order that there is no dispute that the petitioner suffers from illness which requires immediate surgery, but the authorities have opined that the petitioner's husband must not be admitted to parole because he is convicted for committing offence using arms. However, the Imprisonment Certificate indicates that the petitioner has been admitted to parole earlier, and there is no reference to any violation of the terms. This Court, in the light of the afore is inclined to grant parole to the petitioner’s husband but on terms and stipulating that if the petitioner's husband requires any extension of further parole, he must necessarily make an application in the prescribed form under the Karnataka Prisons and - 5 - HC-KAR NC: 2025:KHC:37929 WP No. 28762 of 2025 Correctional Services Manual 2021. Hence, the following: ORDER a. The petition is allowed. b. The second respondent - the Chief Superintendent, Central Prison, Mysuru is directed to grant parole to the petitioner's husband [Sri Mundodi M Nanaiah @ Nanda] subject to the terms as contemplated under the Karnataka Prisons and Correctional Services Manual 2021 on receipt of a certified copy of this order. c. The second respondent shall impose such condition as shall be necessary to ensure that the petitioner's husband [Sri Mundodi M Nanaiah @ Nanda] marks attendance regularly with the jurisdictional police. - 6 - HC-KAR NC: 2025:KHC:37929 WP No. 28762 of 2025 d. The petitioner is granted liberty, through her learned counsel, to file a certified copy of this order with the second respondent [by email: spmysore@sancharnet.in]. Sd/- (B M SHYAM PRASAD) JUDGE RB