- 1 - HC-KAR NC: 2025:KHC:33647 WP No. 9656 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. 9656 OF 2025 (GM-POLICE) BETWEEN: SRI SIDDESH S/O LATE RUDRA SHETTY AGED ABOUT 50 YEARS, R/AT BESIDE GAYATHRI CHOULTRY, KALIDASA NAGARA, CHIKKAMAGALURU-577101 PRESENTLY IN CENTRAL PRISON CTP NO 00192 SHIVAMOGGA - 577222. …PETITIONER (BY SRI. MAHESH KUMAR K M.,ADVOCATE) AND: 1. THE CHIEF SUPERINTENDENT CENTRAL PRISON, SHIVAMOGGA-577222. Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:33647 WP No. 9656 of 2025 2. THE SUPERINTENDENT OF POLICE HASSAN DISTRICT, HASSAN-573201. …RESPONDENTS (BY SMT.K.P. YASHODHA., AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSITTUION OF INDIA PRAYING TO- QUASH THE IMPUGNED ORDER DATED 4.02.2025 VIDE SANKYE/DCRB/HASSAN/PAROLE/19/2024 PASSED BY THE R-2 AT ANNX-B AND FURTHER BE PLEASED TO DIRECT THE R-1 POLICE TO RELEASE THE PETITIONER ON PAROLE FOR A PERIOD OF 90 DAYS WITHOUT REFERRING THE MATTER TO THE R-2 POLICE. 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:33647 WP No. 9656 of 2025 ORAL ORDER The petitioner is incarcerated for the offences punishable under Sections 376(2)(f)(n), 504, 506 of the Indian Penal Code, 1860 [for short, 'IPC'] and Sections 5(j)(ii), 5(n) and 5(I) and 6 of the Protection of Children from Sexual Offences Act, 2012 [for short, 'the POCSO Act'] and the petitioner is aggrieved by the second respondent's communication dated 04.02.2025 rejecting his application for parole. The second respondent has opined that if the petitioner is admitted to parole, there would be a law and order situation. This Court has already opined that the conferment of jurisdiction in the first respondent was only because of Covid-19 situation and otherwise the decision must be by the Director General of Prisons - 4 - HC-KAR NC: 2025:KHC:33647 WP No. 9656 of 2025 and Correctional Services1. This Court is of the opinion that in the facts and circumstances, notwithstanding the Report of the second respondent dated 04.02.2025, the Director General of Prisons and Correctional Services must consider the application for General Parole not just in the light of the afore Communication but also the purpose for which the parole is extended. Therefore, the following ORDER [A] The petition stands disposed of with liberty to the petitioner to forward a certified copy of this order, through his counsel, to the first respondent through E-mail [cpsmg.prisons-kar@gov.in], and the first respondent is directed to forward the entire file to the Director General of Police, Prisons and 1 This Court's order in this regard is in W.P. No.11541/2025 which is disposed of on 19.08.2025. - 5 - HC-KAR NC: 2025:KHC:33647 WP No. 9656 of 2025 Correctional Services within a week from the date of receipt of a copy of this order. [B] The Director General of Police, Prisons and Correctional Services is called upon to consider all the circumstances in the light of this Court's observation and communicate the decision to the petitioner within fifteen days from the date of receipt of the records. Sd/- (B M SHYAM PRASAD) JUDGE NV