Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:37249 WP No. 23891 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 23891 OF 2025 (GM-POLICE)
BETWEEN:
SRI YOGEESHA S/O RAMANNA, AGED ABOUT 46 YEARS, R/AT CHIKKAVEERAINANAPALYA, SIRA GATE, TUMAKURU-572137. …PETITIONER (BY SRI. RANGANATH REDDY R.,ADVOCATE)
AND:
1.
STATE OF KARNATAKA REPRESENTED BY SECRETARY, DEPARTMENT OF HOME, VIDHANA SOUDHA, BANGALORE-560001.
2.
THE CENTRAL PRISON PARAPANA AGRAHARA, BANGALORE-560100
Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:37249 WP No. 23891 of 2025
REPRESENTED BY STATE PUBLIC PROSECUTOR.
…RESPONDENTS (BY SMT.K.P. YASHODHA., AGA)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUITON OF INDIA PRAYING TO ISSUE WRIT IN THE NATURE OF CERTIORARI TO QUASH THE ORDER DATED 17/07/2025 PASSED BY THE SECOND RESPONDENT IN NO./CPB/CTP- SEC/7134/2025 VIDE ANNEXURE -A AND CONSEQUENTLY DIRECT THE SECOND RESPONDENT TO RELEASE THE PETITIONER ON GENERAL PAROLE FOR A PERIOD OF 90 DAYS TO GET GOOD TREATMENT AND LOOK AFTER HIS WIFE AS WELL.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD
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HC-KAR NC: 2025:KHC:37249 WP No. 23891 of 2025
ORAL ORDER
The petitioner's application for emergency parole on the ground that his wife is not keeping well and she requires a surgery is rejected because of the Report filed by the jurisdictional Police stating that the petitioner's wife is suffering from ill-health and is under treatment but she will not require any surgery and that there is every likelihood of the petitioner assaulting those who have deposed against him. The
learned counsel for the petitioner submits that the allegation of assault is unfounded because there is no justifiable reason for that and the petitioner will abide by the terms that may be stipulated by this Court.
Ms. K.P. Yashoda, the learned Additional Government Advocate, is heard in the light of the afore circumstances and the assertion that the petitioner has undergone imprisonment for over two years seven months as of 30.06.2025. This Court must opine that the jurisdictional Police Officer's
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HC-KAR NC: 2025:KHC:37249 WP No. 23891 of 2025
Report is that the petitioner's wife indeed suffers from ill health. In the circumstances of the case, though the Director General, Prisons and Correctional Services should have considered the petitioner's application and not the second respondent, this Court is inclined to admit the petitioner to emergency parole but every further application for parole must be filed in the Prescribed Form and considered by the Director General, Prisons and Correctional Services under the Karnataka Prisons and Correctional Services Manual, 2021 [Manual 2021] . Hence, the following:
ORDER [A] The petition is allowed. [B] The second respondent is directed to grant emergency parole to the petitioner subject to the terms as contemplated under the Manual 2021 on receipt of a certified copy of this order.
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HC-KAR NC: 2025:KHC:37249 WP No. 23891 of 2025
[C] The second respondent shall, amongst others, stipulate that the petitioner shall mark attendance every other day [alternative days] with the jurisdictional Police in the morning between a scheduled period. [D] The learned counsel for the petitioner is granted liberty to file a certified copy of this order with the second respondent [by email: cpblr.prisons-kar@gov.in].
Sd/- (B M SHYAM PRASAD) JUDGE
NV