- 1 - HC-KAR NC: 2025:KHC:50010 WP No. 32189 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 32189 OF 2025 (GM-POLICE) BETWEEN: 1. BASAVARAJU N @ BABU S/O. LATE NANJUNDAPPA AGED ABOUT 32 YEARS R/AT C/O. SUBBAMMA NO. 969, 4TH WARD, BOOVIPALYA D CROSS DODDABALLAPURA NAGARA BENGALURU RURAL DISTRICT-562 103. PRESENT ADDRESS SHANTHINAGARA 10TH CROSS NEAR MUTHYALAMMA TEMPLE DODDABALLAPURA NAGARA BENGALURU RURAL DISTRICT-562 103. REP. BY HIS MOTHER MAHADEVAMMA W/O. LATE NANJUNDAPPA AGED ABOUT 63 YEARS NO. 159, DARAGAJOGAHALLY DODDABALLAPURA BANGALORE RURAL-561 203. …PETITIONER (BY SRI. VINAYA B R., ADVOCATE) AND: 1. STATE OF KARNATAKA BY DODDABALLAPURA WOMEN POLICE STATION BANGALORE-560 106. 2. ADDITIONAL CHIEF SECRETARY DEPARTMENT OF HOME AND PRISON VIDHANA SOUDHA BANGALORE-560 001. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:50010 WP No. 32189 of 2025 3. DIRECTOR GENERAL OF POLICE AND INSPECTOR GENERAL OF PRISON AND CORRECTIONAL SERVICES NO.4, SESHADRI ROAD BANGALORE-560 009 4. CHIEF SUPERINTENDENT CENTRAL PRISON PARAPPANA AGRAHARA BANGALORE-560 100. R1 TO R4 ARE REP. BY LEARNED GOVERNMENT ADVOCATE HIGH COURT OF KARNATAKA BANGALORE-560 001. …RESPONDENTS (BY SMT. K P YASHODHA, AGA FOR RESPONDENTS) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR A WRIT OR ORDER OR DIRECTION OF APPROPRITE WRIT IN NATURE IN QUASHING THE ENDORSEMENT DATED 20.06.2025 IN BPC/CTP-SEC/5311/2025 AS PER ANNEXURE-A AS ILLEGAL, ARBITRARY AND OPPRESSIVE AND ETC. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Mother of the detenu – Basavaraju.N @ Babu - CTP 13692 is before this Court seeking for the following reliefs: 1. Issue a writ of certiorari or a writ or order or direction of appropriate in nature in quashing the Endorsement dated 20.06.2025 in BPC/CTP- Sec/5311/2025 as per Annexure-'A' as illegal, arbitrary and oppressive. - 3 - HC-KAR NC: 2025:KHC:50010 WP No. 32189 of 2025 2. To issue a writ of mandamus or a writ or direction of appropriate in nature directing the respondents to grant 3 months emergency parole to him, on such terms and conditions, and 3. To issue a writ or order or direction of appropriate in nature granting such other relief or reliefs as this Hon'ble Court deems fit, to grant in the ends of justice. 2. The detenu was convicted for the offences punishable under Section 302 of IPC in S.C.No.10048/2018 by IV Additional District and Sessions Judge, Doddaballapura and on 30.6.2023 sentenced for life imprisonment. As on 06.06.2025, the detenu has been incarcerated for 6 years, 11 months, 18 days. An appeal in Criminal Appeal No.1440/2023 having been filed on 18.12.2024, the Division Bench of this Court taking into consideration that the mother of the detenu had health problems, had suspended the sentence for a limited period of 3 months. The detenu having availed of the said limited suspension after the period got over has surrendered himself. The detenu having made an application for parole once again on the ground that his mother was - 4 - HC-KAR NC: 2025:KHC:50010 WP No. 32189 of 2025 unwell, the same has been rejected on account of an adverse police report. 3. A perusal of the adverse police report indicates that the report only refers to the earlier crime committed by the detenu and there is no particular report submitted by the police as regards the detenu being of any danger to the victim or victim's family and or the detenu being a flight risk, more so when the detenu had earlier been released on 3 months on account of suspension of sentence. In that view of the matter, I pass the following: ORDER i) The Writ Petition is allowed. ii) A certiorari is issued. The endorsement dated 20.6.2025 at Annexure-A is quashed. iii) Respondent No.4 is directed to release the detenu – Basavaraju.N @ Babu - CTP 13692 on - 5 - HC-KAR NC: 2025:KHC:50010 WP No. 32189 of 2025 parole for a period of 90 days commencing from 10.12.2025, subject to the following conditions. a) The prisoner (CTP 13692) 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 convict would evade going back to the gaol, after the expiry of the period of parole. 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. iv) 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.: 43