- 1 - HC-KAR NC: 2025:KHC:33825 WP No. 25259 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. 25259 OF 2025 (GM-POLICE) BETWEEN: SMT. SHANTHA W/O SHIVANNA, AGED ABOUT 46 YEARS, R/AT NO 144, GUNDURAO NAGAR, NANJANGUD ROAD, MYSURU DISTRICT-570025 …PETITIONER (BY SRI. PRATHAP S S.,ADVOCATE) AND: 1. THE CHIEF SUPERINTEDENT CENTRAL PRISON, MYSURU-570007 Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:33825 WP No. 25259 of 2025 2. THE SUPERINTENDENT OF POLICE, MYSURU DISTRICT, MYSURU-570007 3. THE POLICE INSPECTOR VIJAYANAGAR POLICE STATION, VIJAYANAGAR, MYSORE-570017 4. THE DIRECTOR GENERAL OF POLICE PRISONS AND CORRECTIONAL SERVICES SESHADRI ROAD BENGALURU-560 003. …RESPONDENTS (BY SMT. K. P. YASHODHA, AGA) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT IN THE NATURE OF MANDAMUS TO THE RESPONDENTS TO RELEASE THE PRISONER NO. 19662 SHIVANNA D S/O DODDEGOWDA ON GENERAL PAROLE FOR A PERIOD OF 90 DAYS. - 3 - HC-KAR NC: 2025:KHC:33825 WP No. 25259 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioner’s husband is convicted for the offence punishable under Section 302 of the Indian Penal Code [IPC] and he has been in prison from 13.04.2016 and his imprisonment with effect from 26.10.2018. The petitioner has been admitted to parole on three earlier occasions and the present application for parole on the ground that he will have to assist his family members in reconstruction work. The present application is rejected, despite the report from the police on the genuineness of the reasons assigned, only because he is convicted under Section 302 of IPC. This Court has called for a report, and the present report to this Court is that there will be threat to the complainant's family if the petitioner's husband is granted parole. - 4 - HC-KAR NC: 2025:KHC:33825 WP No. 25259 of 2025 The learned counsel for the petitioner is categorical that this cannot be a reason for such apprehension because the petitioner has returned to jail on three earlier occasions when he was admitted to parole with any untoward incident. This Court finds merits in this assertion, and the petitioner's husband must be admitted to general parole on just terms. Hence, the following: ORDER [A] The petition is allowed. [B] The first respondent is directed to grant general parole to the petitioner's husband for thirty [30] days subject to the terms as contemplated under the Karnataka Prisons and Correctional Services Manual 2021 on receipt of a certified copy of this order. [C] The first respondent shall ensure that the petitioner's husband shall mark - 5 - HC-KAR NC: 2025:KHC:33825 WP No. 25259 of 2025 attendance regularly with the jurisdictional police. [D] The learned counsel for the petitioner is granted liberty to file a certified copy of this order with the first respondent [by email: cpmys.prisons- kar@gov.in] addressed to the Chief Superintendent, Central Prison, Mysuru - 570007. SD/- (B M SHYAM PRASAD) JUDGE RB