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2025 DAILYLAW 77261 (KAR)

KUM NAVYA H K v. THE STATE OF KARNATAKA

WP/14688/2025 · 2025-08-13

B M Shyam Prasad

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:31360 WP No. 14688 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 14688 OF 2025 (GM-POLICE) BETWEEN: KUM NAVYA H K D/O KANTHARAJU AGED ABOUT 22 YEARS, R/AT HOSAHALLI, SUNDALLI, HASSAN-573 135 …PETITIONER (BY SRI. HEMA KARIYAPPA.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP BY ITS PRINCIPAL SECRETARY DEPARTMENT OF HOME, VIDHANA SOUDHA, BENGALURU - 560 001 2. THE DIRECTOR GENERAL OF POLICE, PRISONS AND CORRECTIONAL SERVICES, SESHADRI ROAD, BENGARURU - 560003, Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:31360 WP No. 14688 of 2025 3. THE SUPERINTENDENT, CENTRAL PRISON, MYSORE 570007 …RESPONDENTS (BY SMT. K. P. YASHODHA, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE 2ND AND 3RD RESPONDENT TO EXTENSION OF EMERGENCY PAROLE FOR MEDICAL PURPOSE TO THE CONVICT PRISONER NO. 00989 KANTHARAJU WHO IS SERVING SENTENCE IN CENTRAL PRISON, MYSORE. HON'BLE COURT HAS GIVEN THE LIBERTY TO SEEK EXTENSION OF PAROLE AS PER ANNEXURE - D. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioner's father is admitted to parole by this Court by order dated 24.04.2025 in W.P.No.10837/2025 and this is on the ground that he suffers from degenerative disc changes C4, C5, C6 of spine with compressive myelopathy and L5 spine issue with chronic fatigue. This Court has admitted - 3 - HC-KAR NC: 2025:KHC:31360 WP No. 14688 of 2025 the petitioner's father to emergency parole on the ground of surgery. It is now stated in support of the present request that the petitioner's father did not undergo surgery but has undergone physiotherapy and he must be granted emergency parole. It is also stated that if the petitioner's father will have to undergo physiotherapy, the parole will have to be for three months. This Court is of the considered view that the petitioner's father must file an application in a prescribed Form for "emergency parole" and the authorities must consider the same as is contemplated under the Karnataka Prisons and Correctional Services Manual - 2021. Hence, the petition stands disposed of with liberty to the petitioner to file a certified copy of this order with the Superintendent, Central Prison, Mysore [the third respondent] by E-mail [cpmys.prisons-kar@gov.in] directing the third - 4 - HC-KAR NC: 2025:KHC:31360 WP No. 14688 of 2025 respondent to ensure Form No.11 of the Karnataka Prisons and Correctional Services Manual - 2021 is issued to the petitioner's father and the request is considered expeditiously with the concerned taking a decision on the request. SD/- (B M SHYAM PRASAD) JUDGE RB