- 1 - HC-KAR NC: 2025:KHC:32182 WP No. 11886 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 11886 OF 2025 (GM-POLICE) BETWEEN: MANJUNATHA S/O. RAMACHANDRAIAH, AGED ABOUT 29 YEARS, BOMMANAHALLI VILLAGE, KORA HOBLI, TUMKUR TOWN-572 101. …PETITIONER (BY SMT. SRILAKSHMI I.B., ADVOCATE FOR SRI. KIRAN S S.,ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARIAT, DEPARTMENT OF HOME, VIDHANA SOUDHA BANGALORE- 560 001. 2. THE CHIEF SUPERINTENDENT CENTRAL PRISON, PARAPPANAGHRAHARA, BANGALORE- 580 100. 3. THE COMMISSIONER OF POLICE NO.5, MILLERS ROAD, Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:32182 WP No. 11886 of 2025 VASANTHNAGAR, BANGALORE, KARNATAKA-560 052. …RESPONDENTS (BY SRI.BHANU PRAKASH V.G., AAG A/W SMT. K.P. YASHODHA, AAG) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-QUASH THE ENDORSEMENT AS ANNEXURE-B ISSUED BY THE 2ND RESPONDENT DATED 20/03/2025 IN NO. CPB/CTP SEC/22647/2025, BY DIRECTING THE RESPONDENT NO.2/CENTRAL PRISON BANGALORE, TO RELEASE THE PETITIONER ON PAROLE FOR A PERIOD OF 90 DAYS IN PRISONER CTP NO 15100 CONVICTED BY THE JUDGEMENT AND ORDER DATED 30.12.2025 PASSED BY THE HON'BLE ADDITIONAL DISTRICT AND SESSION JUDGE AT TUMKUR, IN SPL.C.C. NO. 12/2022 FOR THE OFFENCES PUNISHABLE U/SEC 376(3), 506 OF IPC ACT AND SECTION 6 OF POCSO ACT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD - 3 - HC-KAR NC: 2025:KHC:32182 WP No. 11886 of 2025 ORAL ORDER The petitioner is aggrieved by the second respondent's Endorsement dated 20.03.2025 [Annexure-B], and the second respondent has issued this Endorsement informing the petitioner that he cannot be admitted to parole because of the pendency of the proceedings in CC No.3995/2016 on the file of the Principal Civil Judge and JMFC, Tumkur and another proceedings in CC No.5866/2017 with the same Court. Sri Bhanu Prakash, the learned Additional Advocate General who is called upon by this Court to assist to decide on the question who should decide on the applications for parole insofar as the present petition, states on instructions that the proceedings in CC No.5866/2017 has concluded, but the petitioner stands trial in the other proceedings in CC No.3995/2016 and that in terms of clause 638 (i)(a) and 641 (ii) of Chapter IV of the Karnataka Prisons - 4 - HC-KAR NC: 2025:KHC:32182 WP No. 11886 of 2025 and Correctional Services Manual 2021, a person against whom a criminal case pending trial cannot be admitted to parole. The learned counsel for the petitioner cannot controvert that the petitioner still stands trial in CC No.3995/2016. Therefore, subject to all just exceptions, the petition stands dismissed. SD/- (B M SHYAM PRASAD) JUDGE SA ct:sr