- 1 - HC-KAR NC: 2025:KHC:33741 WP No. 24824 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. 24824 OF 2025 (GM-POLICE) BETWEEN: THANUJAMMA S W/O RAGHU GOWDA SISTER OF CONVICT NAVEEN KUMAR S/O SIDDAPPA (CTP NO. 4273) AGED ABOUT 37 YEARS, R/O 70, SHREEKANTESHWARA NILAYA, 5TH MAIN 6TH CROSS NAGANATHAPURA, MANJUNATHA NAGAR NAGANTHAPURA, ELECTRONICS CITY BENGALURU-560100. …PETITIONER (BY Smt. UMME SALMA., ADVOCATE) Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:33741 WP No. 24824 of 2025 AND: 1. THE STATE OF KARNATAKA HOME DEPARTMENT, THROUGH PRINCIPAL SECRETARY VIDHANA SOUDHA, BENGALURU-560001. 2. THE CHIEF SUPERINTENDENT HINDALGA CENTRAL PRISON, BELAGAVI-591108. …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 R2 TO RELEASE THE CONVICT NAMED NAVEEN KUMAR S/O SIDDAPPA (CTP-4273) ON GENERAL PAROLE FOR THE PERIOD OF 90 DAYS. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:33741 WP No. 24824 of 2025 CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioner's brother is a convict and is admitted to parole by this Court in W.P. No.24830/2024 [which is filed by the convict’s wife]. This Court has admitted him to parole observing that he is in custody for more than 3 years and he must support his wife, who is in the family way. The petitioner, as stated by Ms. Umme Salman, the learned counsel for the petitioner, has surrendered in the month of December 2024, and the learned counsel also states that the Authorities could not have rejected the application because it remains undisputed that the petitioner's mother is terminally ill and she was hospitalized for surgery until 19.06.2025. Mrs. K. P. Yashodha, the learned Additional Government Advocate, relies upon the Report filed by the Superintendent of Police, Tumakuru, to contend - 4 - HC-KAR NC: 2025:KHC:33741 WP No. 24824 of 2025 that petitioner may not be admitted to parole, but it is seen from this report that there is an unequivocal statement on the petitioner’s mother being admitted with M/s. Kidwai for cancer treatment. If the petitioner is admitted to parole because his wife is in the family way, his present application cannot now be rejected the benefit of General Parole on that ground when it is shown that his mother is terminally ill and undergoing treatment therefor. This must also be because the authorities do not contest that the petitioner is otherwise eligible for parole. As such, the petitioner must be admitted to General Parole and hence, the following: ORDER [A] The petition is allowed. [B] The second respondent is directed to grant General Parole to the petitioner's brother subject to the terms as contemplated under the Karnataka - 5 - HC-KAR NC: 2025:KHC:33741 WP No. 24824 of 2025 Prisons and Correctional Services Manual 2021 on receipt of a certified copy of this order. [C] The second respondent shall impose such condition as shall be necessary to ensure that the petitioner's brother marks attendance regularly with the jurisdictional police. [C] The learned counsel for the petitioner is granted liberty to file a certified copy of this order with the second respondent [by email: cpbg.prisons- kar@gov.in] addressed to the Chief Superintendent, Central Prison, Belagavi - 591108. Sd/- (B M SHYAM PRASAD) JUDGE RB