- 1 - HC-KAR NC: 2025:KHC:33640 WP No. 18558 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. 18558 OF 2025 (GM-POLICE) BETWEEN: PARVATHAMMA C/O RAJANNA, MOTHER OF CONVICT LOHITKUMAR S/O RAJANNA (CTP-14882) AGED ABOUT 51 YEARS R/O NITTURU HOBLI GUBBI TALUKU, BAGURU N MATHIGHATTA POST, MATHIGATTA, N MATHIGHATTA, TUMKURU, KARNATAKA - 572223. …PETITIONER (BY SMT. UMME SALMA.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA HOME DEPARTMENT, Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:33640 WP No. 18558 of 2025 THROUGH PRINCIPAL SECRETARY VIDHANA SOUDHA, BENGALURU-560 001. 2. THE CHIEF SUPERINTENDENT CENTRAL PRISON, PARAPPANA AGRAHARA, BENGALURU-560100. …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 POLICE REPORT (ANNEXURE-B) DATED 23.05.2025; DIRECT THE R2 TO RELEASE THE PETITIONERS SON CONVICT NAMELY LOHITHKUMAR S/O RAJANNA (CTP 14882) ON GENERAL PAROLE FOR THE PERIOD OF 90 DAYS. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD - 3 - HC-KAR NC: 2025:KHC:33640 WP No. 18558 of 2025 ORAL ORDER The petitioner's son is incarcerated for offences punishable under the Protection of Children from Sexual Offences Act, 2012 [for short, 'the POCSO Act'] and Indian Penal Code, 1860 [for short, 'IPC'], and the petitioner's application is rejected by the second respondent in the light of the Report dated 23.05.2025 by the jurisdictional Police. The Station House Officer has opined in general terms that if the petitioner is admitted to parole, there would be a law and order situation. This Court has opined that the conferment of jurisdiction in the second respondent was only because of Covid-19 situation and otherwise the decision must be by the Director General of Prisons and Correctional Services.1 This Court is of the opinion that in the facts and circumstances, 1 This Court's order in this regard is in W.P. No.11541/2025 which is disposed of on 19.08.2025. - 4 - HC-KAR NC: 2025:KHC:33640 WP No. 18558 of 2025 notwithstanding the Endorsement dated 02.06.2025, the Director General of Prisons and Correctional Services must consider the application for General Parole not just in the light of the Report 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 second respondent through E-mail [cpblr.prisons- kar@gov.in], and the second respondent is directed to forward the entire file to the Director General of Police, Prisons and Correctional Services within a week from the date of receipt of a copy of this order. - 5 - HC-KAR NC: 2025:KHC:33640 WP No. 18558 of 2025 [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