- 1 - HC-KAR NC: 2025:KHC:53263 WP No. 32129 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. 32129 OF 2025 (GM-POLICE) BETWEEN: SRI NAGESH S/O. LATE MADDURAPPA, AGED ABOUT 36 YEARS, R/AT - C/O MUNISHAMAPPA BUILDING, NEAR VENUGOPALASWAMY TEMPLE, BANDE BOMMASANDRA, BIDARAHALLI HOBLI, DODDAGUBBI POST, BENGALURU EAST-560 077. (NOW IN CUSTODY CENTRAL PRISON, BENGALURU) …PETITIONER (BY 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 ALI ASKER ROAD, VASANTH NAGAR, BANGALORE- 560 001 …RESPONDENTS (BY SMT.K.P.YASHODHA, AGA) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT AS ANNEXURE-B ISSUED BY THE 2ND RESPONDENT DATED 29.08.2025 IN NO. CPB/CTP-SEC/9769/2025 BY DIRECTING THE RESPONDENT NO.2/CENTRAL PRISON, BANGALORE, TO RELEASE THE PETITIONER ON PAROLE FOR A PERIOD OF 90 DAYS IN Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:53263 WP No. 32129 of 2025 PRISONER CTP NO.14292 CONVICTED BY THE JUDGEMENT AND ORDER DATED 12.03.2024 PASSED BY THE HONBLE ADDITIONAL DISTRICT AND SESSION JUDGE, BENGALURU RURAL IN SPL.C.C.NO.340/2022 FOR THE OFFENCES PUNISHABLE SECTIONS 376(3) OF IPC AND U/SEC 4, 6 OF POCSO ACT., IN THE INTEREST OF JUSTICE AND EQUITY VIDE ANNEXURE-A. THIS 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 wife of Nagesh (CTP No.14292) is before this Court seeking for the following reliefs: a. Issue a writ of certiorari by quashing the endorsement as annexure-b issued by the 2nd respondent dated 29.08.2025 in no. CPB/CTP- SEC/9769/2025 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.14292 convicted by the judgment and order dated 12.03.2024 passed by the Honble additional district and session judge, Bengaluru rural in Spl.C.C.No.340/2022 for the offences punishable sections 376(3) of IPC and u/sec 4, 6 of POCSO act., in the interest of justice and equity vide Annexure-A. b. Issue such other suitable orders or directions as this Hon'ble Court deems fit and proper in the nature and circumstances of the case, in the interest of justice and equity. 2. The detenu had been convicted in S.C.No.340/2022 for offences under Section 376(3) of IPC and under Section 4, 6 of the POCSO Act (Protection of Children from Sexual Offences) Act, 2012 by the Additional - 3 - HC-KAR NC: 2025:KHC:53263 WP No. 32129 of 2025 District and Sessions Judge (FTSC-II), Bengaluru Rural District, Bengaluru and sentenced on 12.03.2024 with the highest of the sentence being imprisonment for life. The detenu has served a period of 03 years 05 months 02 days of imprisonment as on 10.09.2025 and his conduct in jail is said to be satisfactory. The petitioner having made an application for parole, the same came to be rejected on account of one other proceeding pending in SC No.124/2022. 3. The detenu had been released on Court parole on one earlier occasion for 60 days during which time there is no complaint against the detenu. The detenu has served in all 3 years 5 months 2 days of incarceration. Insofar as the pending criminal proceedings are concerned, the detenu has been granted bail. 4. In that view of the matter, taking into consideration the conduct of the detenu has been satisfactory while - 4 - HC-KAR NC: 2025:KHC:53263 WP No. 32129 of 2025 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, Bangalore, is directed to release the detenu- Nagesh (CTP No.14292) on parole for a period of 60 days commencing from 22.12.2025, subject to the following conditions: A. The prisoner- (CTP No.14292) 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 - 5 - HC-KAR NC: 2025:KHC:53263 WP No. 32129 of 2025 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.: 23