Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR NC: 2025:KHC:53257 WP No. 29256 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 29256 OF 2025 (GM-POLICE) BETWEEN:
RENUKA BAI M W/O LATE SRINIVAS RAO M/O BALAJI@BALAJIRAO@TIBET CTP 5620 AGE ABOUT 62 YEARS R/A 1060, SJH ROAD VIDYARANY APURAM, MYSORE, KARNATAKA 570008 …PETITIONER (BY SRI. SIRAJUDDIN AHMED, ADVOCATE) AND:
1.
STATE OF KARNATAKA HOME DEPARTMENT THROUGH PRINCIPAL SECRETARY VIDHANA SOUDHA BENGALURU 560001
2.
CHIEF SUPERINTENDENT CENTRALL PRISON VIJAYPUR 586103
3.
SHO MANDI PS MYSURU 570001 (JURISDICTIONAL POLICE STATION) …RESPONDENTS (BY SMT.K.P.YASHODHA, AGA)
THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NO.2 TO RELEASE THE PETITIONER'S SON BALAJI @ BALAJIRAO @ TIBET CTP-5620 ON GENERAL PAROLE FOR A PERIOD OF 90 DAYS CITING THAT THE PETITIONER'S SON WHO IS THE CONVICT PRISONER IN VIJAYAPUR CENTRAL PRISON NEED TO TAKE CARE OF HER AILING MOTHER, THE PRESENCE OF THE CONVICT IS
Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
- 2 -
HC-KAR NC: 2025:KHC:53257 WP No. 29256 of 2025
ESSENTIAL FOR PURPOSE TO LOOK AFTER HER AILING MOTHER AS SHE IS SUFFERING FROM TERMINAL ILLNESS AND OTHER SERIOUS DISEASES.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE MR JUSTICE SURAJ GOVINDARAJ ORAL ORDER
1. The mother of Balaji @ Balajirao @ Tibet CTP-5620 is before this Court seeking for the following reliefs: a. Direct the respondent no.2 to release the petitioner's son Balaji @ Balajirao @ Tibet CTP- 5620 on general parole for a period of 90 days citing that the petitioner's son who is the convict prisoner in vijayapur central prison need to take care of her ailing mother, the presence of the convict is essential for purpose to look after her ailing mother as she is suffering from terminal illness and other serious diseases.
b. Pass such other order/s which this court may deem fit and proper under the facts and circumstances of the case in the interest of justice.
2. The detenu had been convicted in S.C.No.288/2011 for offences under Section 307 of IPC, Section 27(1) of Arms Act by the Prl. District and Sessions Judge, Mysore and sentenced on 24.06.2015 with the highest of the sentence being imprisonment for life. The detenu has served a period of 14 years 06 months 05 days of imprisonment as on 15.09.2025
- 3 -
HC-KAR NC: 2025:KHC:53257 WP No. 29256 of 2025
and has been released on parole several occasions earlier totalling to 01 year 07 months 16 days. The petitioner having made an application for parole on account of the mother of detenu requiring medical treatment, the same came to be rejected on account of adverse report having received by the police on the ground that on a earlier occasion detenu had been released on parole, the detenu had involved in another criminal offence and as such, ought not to be released on parole.
3. A perusal of the police report indicates that even after the said offence having been committed, the detenu had been released on parole and during that time there is no complaint against the detenu. The complaint is as regards the prior parole, when the last parole. As such, I pass the following:
ORDER i. The Writ Petition is allowed.
- 4 -
HC-KAR NC: 2025:KHC:53257 WP No. 29256 of 2025
ii. Respondent–Chief Superintendent, Central Prison, Vijaypur, is directed to release the detenu- Balaji @ Balajirao @ Tibet CTP-5620 on parole for a period of 60 days commencing from 22.12.2025, subject to the following conditions: a. The prisoner- CTP-5620 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 them 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- State of Karnataka 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.
- 5 -
HC-KAR NC: 2025:KHC:53257 WP No. 29256 of 2025
iii. The Registry is directed to communicate the
order to the prison authority for its immediate execution.
SD/- (SURAJ GOVINDARAJ) JUDGE
SR/List No.: 2 Sl No.: 19