- 1 - HC-KAR NC: 2025:KHC:33653 WP No. 19325 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 19325 OF 2025 (GM-POLICE) BETWEEN: HANUMANTHA S/O NAGARAJAIAH, AGED ABOUT 43 YEARS, CHIKKENAHALLI VILLAGE, KASABA HOBLI, KANAKAPURA TALUK, RAMANAGARA 562159. …PETITIONER (BY SRI. KIRAN S S.,ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARIAT, DEPARTMENT OF HOME, VIDHANA SOUDHA, BANGALORE 560 001. 2. THE CHIEF SUPERINTENDENT CENTRAL PRISON, PARAPPANAGHRAHARA, BANGALORE 580 100. Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:33653 WP No. 19325 of 2025 3. THE COMMISSIONER OF POLICE POLICE BHAWAN, NEAR ANNAMMA TEMPLE, BM ROAD, BANAVASI 562 121. …RESPONDENTS (BY SMT.K.P. YASHODHA., ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE ENDORSEMENT AS ANNEXURE-B ISSUED BY THE 2ND RESPONDENT DATED 30/05/2025 BY DIRECTING THE RESPONDENT NO.2/CENTRAL PRISON, BANGALORE, TO RELEASE THE PETITIONER ON GENERAL PAROLE FOR A PERIOD OF 90 DAYS IN NO. BCP/CTP- SEC/3925/2025 AND PRISONER CTP NO.8092 CONVICTED BY THE JUDGEMENT AND ORDER DATED 23.09.2015 PASSED BY THE HON'BLE II ADDITIONAL DISTRICT AND SESSION JUDGE RAMANAGARA IN SC NO.137/2009 ANNX-A FOR THE OFFENCES PUNISHABLE U/SEC. 143,498(A),302 R/W 149 OF IPC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:33653 WP No. 19325 of 2025 CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioner is convicted for offences under Sections 143, 498A, 302 read with 149 of Indian Penal Code, 1860 and he has undergone imprisonment for over ten years. The petitioner's application for general parole is rejected by the second respondent. This Court has called upon the Jurisdictional Station House Officer to visit the petitioner's village and file a report on the genuineness of the reason cited by the petitioner. Ms. K.P.Yashodha, the learned Additional Government Advocate, places on record a copy of the Report. The Jurisdictional Police, enclosing photographs, have filed a Report stating that no construction is planned and that if the petitioner is granted general parole, there would be a law and order situation in the village. This Court must opine that the reason assigned by the petitioner for parole - 4 - HC-KAR NC: 2025:KHC:33653 WP No. 19325 of 2025 could be nebulous, but there are no contra- conditions for grant of General parole especially with the petitioner having been in prison for over ten years. In the circumstances peculiar to the case and the object of granting parole, this Court is of the view that the petitioner must not be refused this advantage only because the Police have filed a Report stating that there would be law and order situation if he visits the village. This Court is of the opinion that the second respondent can stipulate appropriate terms upon which the petitioner can be admitted to general parole to prevent eventuality. In the light of the afore, the following: ORDER [A] The petition is allowed. [B[ The second respondent is directed to grant General Parole to the petitioner subject to the terms as contemplated under - 5 - HC-KAR NC: 2025:KHC:33653 WP No. 19325 of 2025 the Karnataka Prisons and Correctional Services Manual 2021 and the condition that he shall mark attendance with the jurisdictional Station House Officer on every alternative day. [C] 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]. SD/- (B M SHYAM PRASAD) JUDGE NV