- 1 - HC-KAR NC: 2025:KHC:32188 WP No. 8970 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 8970 OF 2025 (GM-POLICE) BETWEEN: MR YASISH KUMAR @ YATISH S/O MAHADEV PRASAD AGED ABOUT 30 YEARS NO. 78, 1ST MAIN NEW BINNYPETE BENGALURU - 560 023. (NOW IN CUSTODY-CENTRAL PRISON BENGALURU). …PETITIONER (BY SMT.SRILAKSHMI, ADVOCATE FOR SRI. KIRAN S S.,ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARIAT DEPARTMENT OF HOME VIDHANA SOUDHA BENGALURU - 560 001. 2. THE CHIEF SUPERINTENDENT CENTRAL PRISON PARAPPANAGRAHARA BENGALURU - 580 100. Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:32188 WP No. 8970 of 2025 3. THE COMMISSIONER OF POLICE ALI ASKER ROAD, VASANTH NAGAR BENGALURU - 560 001. …RESPONDENTS (BY SMT.K.P. YASHODHA., AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT AS ANNEXURE-B ISSUED BY THE 2ND RESPONDENT DATED 28/12/2024 BY DIRECTING THE RESPONDENT NO.2/CENTRAL PRISON, BANGALORE, TO RELEASE THE PETITIONER ON PAROLE FOR A PERIOD OF 90 DAYS IN PRISONER CTP NO. 14437 CONVICTED BY THE JUDGEMENT AND ORDER DATED 01.06.2024 PASSED BY THE ADDITIONAL DISTRICT AND SESSION COURT, FTSC-V, AT BANGALORE, IN SPI.C.NO.909/2019 FOR THE OFFENCES PUNISHABLE U/SEC. 366(A), 376(D) OF IPC AND SECTION 5(G) 6 AND 14 OF POCSO ACT, 2012 AND SECTION 67(B)(E) OF IT ACT. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD - 3 - HC-KAR NC: 2025:KHC:32188 WP No. 8970 of 2025 ORAL ORDER The petitioner has called in question the second respondent's Endorsement dated 28.12.2024 [Annexure-B], and the second respondent has informed the petitioner that his application for General Parole is rejected for reasons contemplated under Clause 638[i][b] of the Karnataka Prisons and Correctional Services Manual 2021, which reads as under: "At the time of release on parole the prisoner must have served one half of his sentence including remission, or a period of not less than two years of sentence including remission and includes under trial period, whichever is less;" As is pointed out by Smt. K.P. Yashodha, the learned Additional Government Advocate, the petitioner has not completed two years in terms of the Imprisonment Certificate dated 04.02.2025 and the application for parole is premature. Therefore, - 4 - HC-KAR NC: 2025:KHC:32188 WP No. 8970 of 2025 the petition must be disposed of with liberty to the petitioner to make another application under the Karnataka Prisons and Correctional Services Manual 2021. Subject to just exceptions in this regard, the petition stands disposed of. SD/- (B M SHYAM PRASAD) JUDGE NV