- 1 - HC-KAR NC: 2025:KHC:53484 WP No. 36329 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. 36329 OF 2025 (GM-POLICE) BETWEEN: HEMANTH KUMARA S/O VENKATESHAPPA, AGED ABOUT 27 YEARS, R/AT NEAR ANJANEYASWAMY TEMPLE ALLALASANDRA YELAHANKA , BANGALORE RURAL DISTRICT 561203 (NOW IS IN CUSTODY CENTRAL PRISON BANGALORE CTP 15039), AS PETITIONER IS IN CUSTODY, REPRESENTED BY HIS MOTHER, SHANTHAMMA, W/O VENKATESH AGED ABOUT 43 YEARS, R/AT 50/11, SHANKARAPPA LAYOUT, ALLALASANDRA YELAHANKA BENGALORE DISTRICT -560065 …PETITIONER (BY SRI. VINAYA B R., ADVOCATE) AND: 1. STATE OF KARNATAKA BY DODDABELAVANGALAPOLICE STATION, BANGALORE-560106 REP BY HCGP HIGH COURT OF KARNATAKA 2. ADDITIONAL CHIEF SECRETARY DEPARTMENT OF HOME AND PRISON, VIDHANA SOUDHA, BANGALORE 560001 Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:53484 WP No. 36329 of 2025 3. DIRECTOR GENERAL OF POLICE AND INSPECTOR GENERAL OF PRISON AND CORRECTIONAL SERVICES NO -4 SESHADRI ROAD, BANGALORE -560009 4. CHIEF SUPERINTENDENT CENTRAL PRISON, PARAPPANAAGRAHARA, BANGALORE -560100 (RESPONDENT NOS. 1 TO 4 ON REPRESENTED BY LEARNED GOVERNMENT ADVOCATE, HIGH COURT OF KARNATAKA BANGALORE - 560001 …RESPONDENTS (BY SMT. K.P. YASHODHA., AGA) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OR CERTIORARI OR A WRIT OR ORDER OR DIRECTION OF APPROPRIATE IN NATURE IN QUASHING THE ENDORSEMENT DATED 08.04.2025 IN CPB/CTP-SEC/490/2025 AS PER ANNEXURE-A ISSUED BY R-4, ARBITRARY AND OPPRESSIVE AND ETC. 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 – Hemanth Kumara - CTP No.15039 is before this Court seeking for the following reliefs: 1. Issue a writ of certiorari or a writ or order or direction of appropriate in nature in quashing the Endorsement dated 08.04.2025 in CPB/CTP- - 3 - HC-KAR NC: 2025:KHC:53484 WP No. 36329 of 2025 Sec/490/2025 as per ANNEXURE-'A' issued by R4 arbitrary and oppressive 2. To issue a writ of mandamus or a writ or direction of appropriate in nature directing the respondents to grant 3 months general Parole to him, on such terms and conditions, and 3. To issue a writ or order or direction of appropriate in nature granting such other relief or reliefs as this Hon'ble Court deems fit, to grant in the ends of Justice. 2. The detenu had been convicted in S.C.No.10005/2021 for offences under Section 560, 1120-B, 201, 396 of IPC by the IV Additional District and Sessions Judge, Bangalore and sentenced on 15.01.2025, the highest of the sentence being imprisonment for life. An application having been filed for parole to carry out the repair of the house of the detenu, the same came to be rejected on account of on account of one other criminal proceedings in SC No.10003/2021 pending on the file of the IV Additional District and Sessions Judge, Bangalore. It is in that background, petitioner is before this Court. - 4 - HC-KAR NC: 2025:KHC:53484 WP No. 36329 of 2025 3. Learned counsel for the petitioner/detenu would submit that the detenu has been granted bail in SC No.10003/2021 and there is no other case which is pending against the detenu. 4. Perusal of the imprisonment certificate indicates that the detenu has been incarcerated for a period of 4 years 5 months 4 days as on 29.03.2025. During which time his conduct has been satisfactory and there are no complaints. In that view of the matter, I am of the considered opinion that there being bail which had been granted in the other matter, the petitioner cannot be denied parole for purpose of carrying out the repairs of his house, photographs of which have been produced at Annexure-D series. In that view of the matter, I pass the following: ORDER i) The Writ Petition is allowed. - 5 - HC-KAR NC: 2025:KHC:53484 WP No. 36329 of 2025 ii) Respondent–Chief Superintendent, Central Prison, Bangalore, is directed to release the detenu – Hemanth Kumara - CTP No.15039 on parole for a period of 30 days commencing from 22.12.2025, subject to the following conditions: a) The prisoner - Hemanth Kumara - CTP No.15039 shall mark his attendance in the jurisdictional Police Station, weekly once throughout the period of his parole and it would be the responsibility of the jurisdictional Police to take them to gaol, in the event, the convict would evade going back to the gaol, after the expiry of the period of parole. b) Respondent No.1- State of Karnataka shall stipulate strict conditions as are usually stipulated to ensure return of the detenu to - 6 - HC-KAR NC: 2025:KHC:53484 WP No. 36329 of 2025 the gaol and that he shall not commit any other offence during the period of parole. iii) 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.: 56