Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:53376 WP No. 35909 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 35909 OF 2025 (GM-POLICE) BETWEEN:
MRS. NARAYANAMMA W/O PANU AGED ABOUT 63 YEARS NACHGANAHALLI, ANNEMADAGU, SIDLAGHATTA TALUK, ANEMADAGU, CHIKKABALLAPURA - 562105
(MOTHER OF MR. SHANKARAPPA A CONVICT HAVING CTP NO. 13282 NOW IN CUSTODY - CENTRAL PRISON, BENGALURU) …PETITIONER (BY SRI. KIRAN S S, ADVOCATE) AND:
1.
STATE OF KARNATAKA REPRESENTED BY ITS SECRETARIAT, DEPARTMENT OF HOME, VIDHANA SOUDHA BANGALORE- 560 001
2.
THE CHIEF SUPERINTENDENT CENTRAL PRISON, PARAPPANAGHRAHARA, BANGALORE- 580 100
3.
THE SUPERINTENDENT OF POLICE CHIKKABALLAPUR IS BEHIND DC OFFICE, ANAKNUR VILLAGE, VAPASANDRA, CHICKBALLAPUR - 562101 …RESPONDENTS (BY SMT.K.P.YASHODHA, AGA)
THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT AS ANNEXURE-B ISSUED BY THE 2ND RESPONDENT DATED 13/10/2025 BY DIRECTING THE RESPONDENT NO.2/CENTRAL
Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:53376 WP No. 35909 of 2025
PRISON, BANGALORE, TO RELEASE THE PETITIONERS SON ON PAROLE FOR A PERIOD OF 90 DAYS IN PRISONER CTP NO. 13282 CONVICTED BY THE JUDGEMENT AND ORDER DATED 31.12.2022 PASSED BY THE HONBLE ADDITIONAL DISTRICT AND SESSIONS JUDGE (FTSC-I), CHIKKABALLAPURA IN SPL.C.NO.81/2019 FOR THE OFFENCES PUNISHABLE UNDER SECTION 6 OF THE POCSO ACT (ANNEXURE-A), IN THE INTEREST OF JUSTICE AND EQUITY.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE MR JUSTICE SURAJ GOVINDARAJ
ORAL ORDER
1. The mother of the detenu-Shankarappa-CTP.No.13282, is before this Court seeking for the following reliefs: a. Issue a writ of certiorari by quashing the endorsement as annexure-b issued by the 2nd respondent dated 13/10/2025 by directing the respondent No.2/central prison, Bangalore, to release the petitioners son on parole for a period of 90 days in prisoner CTP no. 13282 convicted by the
judgment and order dated 31.12.2022 passed by the Honble additional district and sessions judge (FTSC-I), Chikkaballapura in Spl.C.No.81/2019 for the offences punishable under section 6 of the POCSO act (Annexure-A), in the interest of justice and equity.
b. Issue such other suitable orders or direction as this Hon'ble court deems fit and proper in the nature and circumstances of the case, in the interest of justice and equity.
2. The detenu had been convicted in Spl.S.C.No.81/2019 for offence punishable under Section 6 of Protection of Children from Sexual
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HC-KAR NC: 2025:KHC:53376 WP No. 35909 of 2025
Offences Act, 2012 (‘POCSO Act’ for short) by the Additional District and Sessions Judge, FTSC-I, Chikkaballapur and sentenced on 03.01.2023 for rigorous imprisonment for remainder of his natural life.
3. Considering that the offences alleged against the detenu were under Sections 376-AB, 376(2)(f) of IPC and Section 5(m) and 5(n) r/w Section 6 of the POCSO Act and that the victim was 4 years old, the sentence being clear that the detenu is to undergo rigorous imprisonment for the remainder of his natural life, I am of the considered opinion that the detenu cannot be released on parole. Writ petition stands dismissed.
SD/- (SURAJ GOVINDARAJ) JUDGE
KTY List No.: 2 Sl No.: 42