- 1 - HC-KAR NC: 2025:KHC:49939 WP No. 33148 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 33148 OF 2025 (GM-POLICE) BETWEEN: SMT SALABAI BALU RATHOD WIFE OF BALU RATHOD, AGED ABOUT 48 YEARS, RESIDING AT BENAKOTAGI L. T, BENAKOTGI, RAMPUR, DISTRICT, BIJAPUR, KARNATAKA - 586202. BIJAPUR, …PETITIONER (BY SRI. AKSHAY RAJ B R., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY VIDHANA, SOUDHA, BANGALORE - 560001. 2. CHIEF SUPERINTENDENT, CENTRAL PRISON OF PARAPPANA AGRAHARA, ELECTRONIC CITY POST, BANGALORE - 560100. …RESPONDENTS (BY SMT. K.P. YASHODHA., AGA FOR R1 TO R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT/S, ORDER/S OR DIRECTION/S AND THEREBY TO QUASH AND SETTING ASIDE THE IMPUGNED ORDER DATED 03/09/2025 KEKASHI/J1/2077/25-26 ISSUED BY THE RESPONDENT NO. 2, VIDE ANNEXURE-F, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:49939 WP No. 33148 of 2025 THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The mother of the detenu, Sandeep Rathod @ Sandeep Ratod @ Sandeep Balappa Rathod, CTP No.01667 is before this Court seeking for the following reliefs: a. Writ of Certiorari or any other appropriate writ, order, or direction, quashing and setting aside the impugned order dated 03/09/2025 KEKASHI/J1/2077/25-26 issued by the Respondent No. 2, vide Annexure-F, in the interest of justice and equity. b. Direct Respondent No. 2 to release the Petitioner's son i.e., Sandeep Rathod, the convict in Sessions Case No. 25/2020, on General parole for a period of 60 days, in light of the Petitioner's current critical health condition; c. Pass any other order/s which this Hon'ble Court may deem fit and under the proper facts and circumstances of the case in the in interest of justice and equity. 2. The detenu had been convicted for the offences punishable under Sections 302, 380, 403 of IPC in S.C.No.25/2020 by the Principal District and Sessions Judge, D.K., Mangaluru on 03.09.2024 for life - 3 - HC-KAR NC: 2025:KHC:49939 WP No. 33148 of 2025 imprisonment. The detenu has served a period of five years nine months five days. An application for parole having been filed by the detenu on account of the mother of the detenu suffering from medical issues, more particularly lesion in the liver which is suspected to be cancerous, the said application has been rejected by the respondents on the ground that the certificate which has been produced is a false certificate. 3. The report which has been produced indicates that the same has been signed by a radiologist and there is a detailed analysis made by the treating doctor with a prescription being provided. In that view of the matter, I am of the considered opinion that at this stage it cannot be said that the report is a fabricated one. There being no other complaint against the detenu, his conduct during the incarceration being satisfactory, I am of the considered opinion that emergency parole could be - 4 - HC-KAR NC: 2025:KHC:49939 WP No. 33148 of 2025 granted to the detenu to take care of his mother that being one of the reasons by which the detenu can again rejoin the community. As such, I pass the following: ORDER i. The Writ Petition is allowed. ii. A certiorari is issued. The impugned order dated 03.09.2025 issued by Respondent No.2 is quashed. iii. Respondent No.2 - Chief Superintendent, Central Prison, Bengaluru, is directed to release Sandeep Rathod @ Sandeep Ratod @ Sandeep Balappa Rathod, CTP No.01667 on emergency parole for a period of 30 days commencing from 10.12.2025, subject to the following conditions. a) The prisoner (CTP No.01667) shall mark his attendance in the jurisdictional Police Station, weekly once throughout the period - 5 - HC-KAR NC: 2025:KHC:49939 WP No. 33148 of 2025 of his parole and it would be the responsibility of the jurisdictional Police to take him to gaol, in the event, the convict (CTP No.01667) would evade going back to the gaol, after the expiry of the period of emergency parole. b) Respondent No.1 shall stipulate strict conditions as are usually stipulated to ensure return of the detenu to the gaol and that he shall not commit any other offence during the period of parole. iv. The Registry is directed to communicate the order to the Prison Authority for its immediate execution. SD/- (SURAJ GOVINDARAJ) JUDGE PRS List No.: 2 Sl No.: 50