- 1 - HC-KAR NC: 2025:KHC:33650 WP No. 16811 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. 16811 OF 2025 (GM-POLICE) BETWEEN: BHAGYA. N W/O ANANDA AGED ABOUT 35 YEARS, R/A MINAJENAHALLI, YALAGONDAHALLI, KOLAR, YELAGONDAHALLI, KARNATAKA- 563 127 SHRI PATEL, CONVICT PRISON NO. 14682. …PETITIONER (BY SMT. LIKITHA, ADVOCATE FOR SRI. RAKSHITH R..,ADVOCATE) AND: 1. STATE OF KARNATAKA BY THE SECRETARY OF Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:33650 WP No. 16811 of 2025 HOME DEPARTMENT VIDHANA SOUDHA BENGALORE-560001. 2. CHIEF SUPERINTENDENT OF POLICE CENTRAL PRISON PARAPANA AGRAHARA BANGALORE-560100 REP BY AG …RESPONDENTS (BY SMT.K.P. YASHODHA., AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION PRAYING TO QUASH THE ORDER OF R2 DATED 17/03/2025 BCP/CTP- SEC/22319/2025 AT ANNX-A AND RELEASE PETITIONERS BROTHER SHRI PATEL (CONVICT PRISONER NO. 14682) ON PAROLE. 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:33650 WP No. 16811 of 2025 ORAL ORDER The petitioner's brother is convicted for offences punishable under Section 6 of the Protection of Children from Sexual Offences Act, 2012 [for short, 'the POCSO Act'] and the petitioner seeks Emergency Parole for her brother on the ground that his wife is critically ill. In support of the petitioner’s case for Emergency parole, the learned counsel for the petitioner relies upon the contents of the Certificate as per Annexure-C. Ms. K.P.Yashodha, the learned Additional Government Advocate, submits that the petitioner can seek parole for her brother only if he has served a minimum period. However on perusal of Clause- 643 of the Karnataka Prisons and Correctional Services Manual, 2021 and the related clauses, this Court must opine that the rigour of "minimum period" is for General parole and not for Emergency parole. - 4 - HC-KAR NC: 2025:KHC:33650 WP No. 16811 of 2025 The Medical Certificate indeed records that the petitioner's sister-in-law [the convict's wife] has received treatment for being critically ill. Hence, this Court opines that the petitioner is entitled for Emergency parole of fifteen [15] days. In the light of the afore the following: ORDER [A] The petition is allowed. [B[ The second respondent is directed to grant Emergency Parole to the petitioner's brother subject to the terms as contemplated under the Karnataka Prisons and Correctional Services Manual 2021 on receipt of certified copy of this order. [C] The second respondent shall, amongst others, stipulate that the petitioner's brother shall mark attendance every alternative day with the jurisdictional Police in the morning between a scheduled period. - 5 - HC-KAR NC: 2025:KHC:33650 WP No. 16811 of 2025 [D] 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