Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:31320 WP No. 32692 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 32692 OF 2024 (GM-POLICE)
BETWEEN:
VINOD KUMAR S/O RAMASWAMY NAYAK FATHER OF APPU NAIK CTP 13502 AGED ABOUT 47 YEARS R/O KAILANCHA HOBLI, AMMANAPURA, RAMANAGARAM, AVERAHALLI, KARNATAKA- 562159 …PETITIONER (BY SMT. UMME SALMA, ADVOCATE FOR SMT. HALEEMA BEGUM H.,ADVOCATE) AND:
1.
STATE OF KARNATAKA HOME DEPARTMENT, THROUGH PRINCIPAL SECRETARY VIDHANA SOUDHA, BENGALURU - 560 001.
2.
CHIEF SUPERINTENDENT CENTRAL PRISON BANGALORE - 560100. …RESPONDENTS (BY SMT.K.P. YASHODHA., AGA )
THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT
Digitally signed by VANAMALA N Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:31320 WP No. 32692 of 2024
THE R-2 TO RELEASE THE PETITIONERS SON APPU NAIK CTP - 13502 WHO IS LODGED IN R-2s CENTRAL PRISON ON GENERAL PAROLE FOR A PERIOD OF 90 DAYS CITING THAT THE PRESENCE OF HIS SON IS ESSENTIAL TO OVERSEE REPAIR WORK OF THE HOUSE WHICH IS IN A DILAPIDATED CONDITION AND ALSO ON PREVIOUSLY HE HAS NOT RELEASED ON PAROLE.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE MR. JUSTICE B M SHYAM PRASAD
ORAL ORDER
The petitioner has sought for General Parole for his son who is undergoing imprisonment after conviction for the offence under Section 376D of IPC in SC No.26/2022 on the file of the III Additional District and Sessions Judge, Ramanagar. The learned counsel submits that the petitioner is constrained to approach this Court directly because the respondents are selective in issuing Form No.IX under the Karnataka Prisons and Correctional Services Manual, 2021 [for short, 'the Manual].
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HC-KAR NC: 2025:KHC:31320 WP No. 32692 of 2024
The Manual details the procedure to be followed and the conditions that must be satisfied to be admitted to General Parole. The right to General Parole cannot be denied by refusing the application in Form No.IX. In the circumstances wherein the petitioner seeks General Parole for his son asserting that his presence is required for ensuring construction of the house which is in a dilapidated condition, this Court is of the view that the petition must be disposed of directing the second respondent to issue Form No.IX to the petitioner's son immediately upon receipt of a certified copy of this
order.
The learned counsel for the petitioner is granted liberty to file a certified copy of this order with the second respondent [by email: cpblr.prisons- kar@gov.in] addressed to the Chief Superintendent, Central Prison, Parappana Agrahara, Bangalore - 560
100. It is needless to observe that upon receipt of
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HC-KAR NC: 2025:KHC:31320 WP No. 32692 of 2024
Form No.IX which is duly signed, the same shall be considered within the timeline as provided under the Manual 2021.
The petition stands disposed of accordingly.
Sd/- (B M SHYAM PRASAD) JUDGE
SA ct:sr