- 1 - HC-KAR NC: 2025:KHC:43519 WP No. 16376 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 16376 OF 2025 (GM-POLICE) BETWEEN: SMT SOWMYA W/O MANJUNATH T N, AGED ABOUT 38 YEARS, R/AT THARABAHALLI, HINDIGANALA, HOSAKOTE, BANGALORE RURAL-562122 …PETITIONER (BY SRI. NAVEEN J.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HOME, VIDHANA SOUDHA, BENGALURU-560001. 2. THE CHIEF SUPERINTENDENT OF PRISON CENTRAL PRISON, PARAPPANA AGRAHARA, ELECTRONIC CITY POST, BENGALURU-100 3. THE SUPERINTENDENT OF POLICE ADDRESS NO. 5, MILLERS ROAD, VASANTH NAGAR, BENGALURU-560052 4. THE STATION HOUSE OFFICER NANDAGUDI POLICE STATION, ADDRESS STATE HIGHWAY, HOSAKOTE, CHINTAMANI ROAD, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:43519 WP No. 16376 of 2025 NANDAGUDI, KARNATAKA-562122 …RESPONDENTS (BY SMT. K.P. YASHODHA., AGA FOR R1 TO R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT SEEKING TO QUASH THE ENDORSEMENT DATED 10.04.2025 ISSUED BY RESPONDENT NO.2 IN NO. CPB/CTP-SEC/637/2025 VIDE ANNEXURE-D 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. The petitioner is before this Court seeking for the following reliefs; a) Issue a Writ of Certiorari or any other appropriate writ seeking to quash the endorsement dated 10.04.2025 issued by Respondent No.2 in No. CPB/CTP- Sec/637/2025 vide ANNEXURE-D. b) Issue a Writ of Mandamus directing the Respondent No.2 to release the convicted prisoner - Manjunatha [CTP No.13054] on a general parole for a period of 90 days as requested in representation dated 01.04.2025 vide ANNEXURE-C. c) Issue a Writ of Mandamus directing the Respondent No.3 to release the convicted prisoner Manjunatha [CTP No.13054] on a general parole for a period of 90 days as requested in representation dated 01.04.2025 vide ANNEXURE-C1. d) Issue a Writ of Mandamus directing the Respondent No.4 to release the convicted prisoner Manjunatha [CTP No.13054] on a general parole for a period of 90 days as - 3 - HC-KAR NC: 2025:KHC:43519 WP No. 16376 of 2025 requested in representation dated 01.04.2025 vide ANNEXURE-C2. e) Pass any such other order/s as this Hon'ble Court deems fit under the facts and circumstances of the case, in the interest of justice & equity. 2. The petitioner is the wife of the detenue Sri.Manjunatha (CTP No.13054) who was convicted by the Additional District and Session Judge, FTSC-II, Bengaluru Rural in Spl.C.No.164 of 2013 for offences under Section 376 (2) of the Indian Penal Code for imprisonment of 20 years. Which has been challenged by the detenue in Criminal Appeal No.185/2024 which is pending adjudication. An application for general parole having been made, the said application came to be rejected on the grounds that the criminal appeal filed by the petitioner is pending. It is in that background that the petitioner is before this Court seeking for the aforesaid reliefs. 3. The detenue having been convicted vide judgement dated 3.10.2022 as so far including under trial period, spent a period of 4 years 1 month 6 days and - 4 - HC-KAR NC: 2025:KHC:43519 WP No. 16376 of 2025 incarceration. Therefore, he is eligible for general parole to be granted. 4. The only reason why the application of detenue came to rejected is that the detenue who had filed an appeal challenging the order of conviction and sentence. Merely because there is an appeal which has been filed would not enure to the benefit of the respondents in rejecting an application for parole, inasmuch as the same would amount to the respondents insisting that no appeal is filed by detenure for purpose of consideration of a parole which should act against the principles in strained in Article 21 of the Constitution of India. 5. The appeal which is pending would be considered on its own merits by the Court seized of the matter, the bail application would also be considered on its own merits. There is a distinction between parole and bail application inasmuch as parole applies for a short period of time, whereas bail would apply during the - 5 - HC-KAR NC: 2025:KHC:43519 WP No. 16376 of 2025 entire period of consideration of the appeal. The purpose of grant of parole being as enshrined in Chapter-34 is the above policy that the grant of parole liberalised to help a prisoner to maintain harmonious relationship with family, so as to ensure that is integration with a society at a later point of time is done in a proper manner. 6. Having come to a conclusion that the order of rejection of parole, solely on the ground that an appeal and application for bail being pending is not sustainable, I pass the following; ORDER i. The writ petition is allowed. ii. A certiorari is issued, the endorsement dated 10.4.2025 issued by respondent No.2 in No.CPB/CTP-Sec/637/2025 at Annexure-D is quashed. - 6 - HC-KAR NC: 2025:KHC:43519 WP No. 16376 of 2025 iii. A mandamus is issued to respondent No.4 to release Sri.Manjunatha (CTP No.13054) on general payroll for a period of 90 days commencing from 3.11.2025, subject to the following conditions; a. The prisoner (CTP No.13054) 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 (CTP No.13054) would evade going back to the gaol, after the expiry of the period of general parole. b. Respondent No.1 shall stipulate strict conditions as are usually stipulated to ensure return of the detenue to the gaol and that he shall not commit any other offence during the period of parole. c. The Registry is directed to communicate the order to the prison authorities for its immediate execution. - 7 - HC-KAR NC: 2025:KHC:43519 WP No. 16376 of 2025 d. Respondents to act on a printout of the uploaded copy of this order on the website of this Court, if so furnished by the petitioner, without waiting for certified copy thereof. e. Learned AGA to communicate the above order to the respondents for immediate action. f. Learned Registrar (Judicial) is directed to Communicate the operative portion of the above order to the concerned Authorities by way of email for necessary and immediate action. Sd/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 1 Sl No.: 50