Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:32193 WP No. 21304 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 21304 OF 2025 (GM-POLICE)
BETWEEN:
PALLAVI W/O SHIVKUMAR N CONVICT NAMELY SHIVAKUMAR @ SHIVA @ GANESU S/O NANJAPPA (CTP-15248) AGED ABOUT 40 YEARS R/O MUGGONDANAHALLI TUMBADI POST KORATAGERE (RURAL), DISTRICT-TUMKURU, KARNATAKA - 572223.
…PETITIONER
(BY SRI. UMME SALMA.,ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA HOME DEPARTMENT, THROUGH PRINCIPAL SECRETARY VIDHANA SOUDHA, BENGALURU-560 001.
2.
THE CHIEF SUPERINTENDENT CENTRAL PRISON,
Digitally signed by VANAMALA N Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:32193 WP No. 21304 of 2025
PARAPPANA AGRAHARA, BENGALURU-560100.
…RESPONDENTS
(BY SMT.K.P. YASHODHA., AGA)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NO.2 TO RELEASE THE PETITIONERS HUSBAND CONVICT NAMELY SHIVAKUMAR ALIAS SHIVA ALIAS GANESU S/O.
NANJAPPA ON GENERAL PAROLE (CTP 15248) FOR THE PERIOD OF 90 DAYS.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE MR. JUSTICE B M SHYAM PRASAD
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HC-KAR NC: 2025:KHC:32193 WP No. 21304 of 2025
ORAL ORDER
The petitioner's husband is convicted and sentenced for offences punishable under Sections 302, 201 and 404 of the Indian Penal Code, 1860 [for short 'IPC'], and the request for General Parole is rejected accepting the report that the petitioner's reason viz., the residential accommodation requires repair is invalid.
Ms. Umme Salma, the learned counsel for the petitioner, submits that this Court could consider granting General Parole in view of the fact that the petitioner expects the father to meet the daughter who has entered menarche. Smt. K.P. Yashodha, the learned Additional Government Advocate, on instructions states that the petitioner's daughter has indeed started on the next stage of her life and the petitioner has not organized any event. However, that is besides the point; if the reason is true and if
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HC-KAR NC: 2025:KHC:32193 WP No. 21304 of 2025
there are no contra-conditions, this Court must admit the petitioner's husband to General Parole for 30 days. The learned Additional Government Advocate does not point out any contra condition. Hence the following
ORDER
[A] The petition is allowed and the second respondent is directed to admit the petitioner to General parole for a period of thirty [30] days from 25.08.2025 subject otherwise to the terms as contemplated under the Karnataka Prisons and Correctional Services Manual 2021 on receipt of a certified copy of this order.
[B] The petitioner, through her learned counsel, is granted liberty to file a certified copy of this
order with the second
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HC-KAR NC: 2025:KHC:32193 WP No. 21304 of 2025
respondent by email: cpblr.prisons- kar@gov.in].
SD/- (B M SHYAM PRASAD) JUDGE
NV