- 1 - HC-KAR NC: 2025:KHC:45856 WP No. 31863 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 31863 OF 2025 (GM-POLICE) BETWEEN: SMT KAMALAMMA W/O LATE NAGENDRAPPA AGE ABOUT 73 YEARS R/A NO 212/A, AGARABANNIHATTI CHANNAGIRI TALUK, DAVANAGERE DISTRICT 577213 (SENIOR CITIZEN BENEFIT NOT CLAIMED). THE PETITIONER IS THE MOTHER OF THE CONVICT PRISONER NO. 00061 N MOHAN KUMAR WHO IS SERVING LIFE SENTENCE IN SHIVAMOGGA CENTRAL PRISON. …PETITIONER (BY SRI. PRADEEP PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP BY ITS PRINCIPAL SECRETARY DEPARTMENT OF HOME, VIDHANA SOUDHA BENGALURU 560001 2. THE DIRECTOR GENEREAL OF POLICE PRISONS AND CORRECTIONAL SERVICES SESHADRI ROAD, BENGALURU 560003 3. THE SUPERINTENDENT CENTRAL PRISON SHIVAMOGGA 577222 4. THE SUPERINTENDENT OF POLICE DAVANAGERE DISTRICT Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45856 WP No. 31863 of 2025 DAVANAGERE 577002 …RESPONDENTS (BY SMT.K.P.YASHODHA, AGA FOR R1 TO R4) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO (A) ISSUE A WRIT ORDER OR DIRECTION IN THE NATURE OF CERTIORARI TO QUASH THE ENDORSEMENT DATED 20-08-2025 BEARING NO KE KAA SHI/J1/NIL/2025-26 PRODUCED AS ANNEXURE-E PASSED BY THE RESPONDENT NO 3 AND ETC., THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioner- mother of Detenu N.Mohankumar (CTP No.00061) is before this Court seeking for the following reliefs: a. Issue a writ order or direction in the nature of certiorari to quash the endorsement dated 20-08- 2025 bearing No KE KAA SHI/J1/NIL/2025-26 produced as Annexure-E passed by the respondent No 3. b. Issue a Writ Order or direction in the nature of mandamus to the Respondents to release the convict prisoner No 00061 N Mohan Kumar S/o Late Nagendrappa on general parole for a period of 90 days. c. Pass such other orders/ directions considering the facts and circumstances of the case together as to costs in the interest of justice. - 3 - HC-KAR NC: 2025:KHC:45856 WP No. 31863 of 2025 2. The detenu had been convicted in S.C.No.154/2015 for the offences punishable under Section 302, 201, 498A of IPC by the III Addl. District and Session Judge, Shivamogga and CC No.318 for offences punishable under Section 409, 471, 201 r/w 34 of IPC by the Senior Civil Judge and JMFC, Tarikere with the highest of the sentence being imprisonment for life. The detenu has served a period of 8 years 11 months 21 days of imprisonment as on 6.08.2025. The detenu had earlier been granted parole for a period of 156 days on multiple occasions as regards which there is no particular complaint against the petitioner. The petitioner having made another application for parole on account of medical requirement of his mother, same came to be rejected on the ground that police are required for the bundobust during Ganesha festival and Eid festival at Davanagere, as such they would not be able to - 4 - HC-KAR NC: 2025:KHC:45856 WP No. 31863 of 2025 monitor the detenu. In that background, the mother of the detenu is before this Court. 3. Imprisonment of the detenu being life imprisonment, the detenu has already spent 8 years 11 months and 21 days and had been earlier granted parole cumulatively for a period of 156 days, as regards which there is no complaint against the detenu. In that view of the matter, I do not find any justification for refusal of the parole as done, more particularly for the reasons attributed in the said rejection. As such, I pass the following: ORDER i) The Writ Petition is allowed. ii) Respondent–Chief Superintendent, Central Prison, Bangalore, is directed to release the detenu- N.Mohankumar (CTP No.00061) on parole for a period of 60 days commencing from 17.11.2025 or from the date of release, whichever is earlier, subject to the following conditions: - 5 - HC-KAR NC: 2025:KHC:45856 WP No. 31863 of 2025 a) The prisoner- N.Mohankumar (CTP No.00061) 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-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 LN List No.: 2 Sl No.: 30