- 1 - HC-KAR NC: 2025:KHC:53256 WP No. 31188 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. 31188 OF 2025 (GM-POLICE) BETWEEN: DAYANANDA G K S/O KRISHNA GOWDA AGED ABOUT 34 YEARS, BROTHER IN LAW OF KUMAR @ KUMMYA CTP-4048 R/O. NO. 230, 8TH CROSS, VENKATAPURA BANGALORE, KARNATAKA - 560034 …PETITIONER (BY SRI. SIRAJUDDIN AHMED, ADVOCATE) AND: 1. STATE OF KARNATAKA HOME DEPARTMENT, THROUGH PRINCIPAL SECRETARY VIDHANA SOUDHA, BENGALURU - 560001. 2. CHIEF SUPERINTENDENT CENTRAL PRISON BELAGAVI- 560100. 3. SHO GOKAK TOWN P.S GOKAK 591307 JURISDICTIONAL POLICE STATION …RESPONDENTS (BY SMT.K.P.YASHODHA, AGA) THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-2 TO RELEASE THE CONVICT KUMAR ALIAS KUMMYA CTP-4048 ON GENERAL PAROLE FOR A PERIOD OF 90 DAYS IN ORDER TO LOOK AFTER HIS AILING WIFE WHO HAS GIVEN BIRTH TO A BABY BOY AND TO MAINTAIN SOCIAL TIES AND PERFORM CONJUGAL OBLIGATION IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:53256 WP No. 31188 of 2025 CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The Brother-in-law of Kumar @ Kummya (CTP-4048) is before this Court seeking for the following reliefs: a. Direct the R-2 to release the convict Kumar alias Kummya CTP-4048 on general parole for a period of 90 days in order to look after his ailing wife who has given birth to a baby boy and to maintain social ties and perform conjugal obligation in the interest of justice. b. Pass such other order/s which this court may deem fit and proper under the facts and circumstances of the case in the interest of justice. 2. The detenu had been convicted in S.C.No.228/2018 c/w S.C.No.392/2019 for offences under Section 148, 302, R/w 149 IPC and 120(B) R/w 302 of IPC by the XII Additional District and Sessions Judge, Belagavi and sentenced on 28.07.2021 with the highest of the sentence being imprisonment for life. The detenu has served a period of 07 years 07 months 20 days of imprisonment as on 01.09.2025 and his conduct in jail is said to be satisfactory. The petitioner having made an application for parole on the ground that his - 3 - HC-KAR NC: 2025:KHC:53256 WP No. 31188 of 2025 wife had delivered a baby, the same came to be rejected on account of adverse report having received by the police. 3. A perusal of the police report indicates that it deals with the conviction of the detenu and does not cover any issue as regards the petitioner being a flight risk and/or could cause any harm or injury to the victim or victim causing any harm to the detenu. 4. In that view of the matter, taking into consideration the conduct of the detenu has been satisfactory while in incarcerated, there is no particular complaint against the detenu, I pass the following: ORDER i. The Writ Petition is allowed. ii. Respondent–Chief Superintendent, Central Prison, Belagavi, is directed to release the detenu- Kumar @ Kummya (CTP-4048) on parole for a period of 60 days commencing - 4 - HC-KAR NC: 2025:KHC:53256 WP No. 31188 of 2025 from 22.12.2025, subject to the following conditions: A. The prisoner- CTP-4048 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 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 SR List No.: 2 Sl No.: 20