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2025 DAILYLAW 70844 (KAR)

MANJULA K v. STATE OF KARNATAKA

WP/11905/2025 · 2025-08-13

B M Shyam Prasad

Transfer Petitionbody2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:31344 WP No. 11905 of 2025 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. 11905 OF 2025 (GM-POLICE) BETWEEN: MANJULA K C/O PRASANNNA CTP 00586 AGED ABOUT 23 YEARS, R/O CHINNAKURALI HOBALI, MANDYA, BANNANGADI, KARNATAKA-571812. …PETITIONER (BY SRI. SIRAJUDDIN AHMED.,ADVOCATE) AND: 1. STATE OF KARNATAKA HOME DEPARTMENT, THROUGH PRINCIPAL SECRETARY VIDHANA SOUDHA, BENGALURU - 560001. 2. CHIEF SUPERINTENDENT CENTRAL PRISON MYSORE 570007. …RESPONDENTS (BY SMT.K.P. YASHODHA., AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NO.2 TO RELEASE PETITIONERS CONVICT HUSBAND PRASANNA CTP Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:31344 WP No. 11905 of 2025 00586 ON GENERAL PAROLE FOR A PERIOD OF 30 DAYS WITH FURTHER EXTENSION OF 60 DAYS ON THE GROUND THAT ILLNESS OF PETITIONER WHICH IS EVIDENT AND ISSUED BY THE PRIMARY HEALTH CENTRE ARALAKUPPE(V) PANDAVAPURA(TQ) MANDYA(D). THE PRESENCE OF HER HUSBAND WHO IS A CONVICT IS ESSENTIAL TO PROVIDE MEDICAL CARE FOR EFFECTIVE TREATMENT AND RECOVERY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioner seeks general parole for her husband who is convicted for the offences punishable under the Protection of Children from Sexual Offences Act, 2012 and provisions of IPC in Special Case No.189/2021 on the file of the Additional District and Sessions Judge, FTSC-1, Mysuru. The petitioner has sought for this parole on the ground that she is not feeling well; and with opportunity being extended to the respondents to file a Report, Ms.K.P.Yashodha, the learned Additional Government - 3 - HC-KAR NC: 2025:KHC:31344 WP No. 11905 of 2025 Advocate, submits that the officers from the concerned police station have visited the petitioner’s residence and it is ascertained that she is hale and healthy. This Court therefore must refuse indulgence, but the learned counsel for the petitioner submits that the petitioner has not made any application thus far for parole and the convict will be entitled for parole if he is able to demonstrate that it would be necessary for him to be granted Parole for the purposes as contemplated under Clause 635 of the Karnataka Prisons and Correctional Services Manual, 2021 [the Manual]. This Court must opine that if the petitioner seeks general parole for reasons such as contemplated under Clause 635 (iii) and (iv) of the Manual, the petitioner must make an application in the prescribed form. With liberty in this regard, and calling upon the authorities to consider that application in terms of the procedure contemplated - 4 - HC-KAR NC: 2025:KHC:31344 WP No. 11905 of 2025 under the Manual expeditiously, the petition stands disposed of. Sd/- (B M SHYAM PRASAD) JUDGE SA List No.: 2 Sl No.: 17