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High Court of Karnataka · body

2025 DAILYLAW 80859 (KAR)

MRS. B N NETHRAVATHI v. THE STATE OF KARNATAKA

WP/33456/2025 · 2025-12-01

Suraj Govindaraj

Transfer Petitionbody2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:50000 WP No. 33456 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 33456 OF 2025 (GM-POLICE) BETWEEN: MRS. B N NETHRAVATHI W/O S N KUMAR AGE 43 YEARS R/AT SUGATUR VILLAGE BANGARPETE, KOLAR DISTRICT KARNATAKA-563101 …PETITIONER (BY SRI. GIRISH R, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS ADDITIONAL CHIEF SECRETARY DEPARTMENT OF HOME AND PRISON VIDHANA SOUDHA, BENGALURU-560001 2. CHIEF SUPERINTENDENT CENTRAL PRISON PARAPPANA AGRAHARA BENGALURU-560100 3. DIRECTOR GENERAL OF POLICE AND INSPECTOR GENERAL OF PRISON AND CORRECTIONAL SERVICES NO. 04, SESHADRI ROAD BENGALURU-560009 …RESPONDENTS (BY SMT.K.P.YASHODHA, AGA FOR R1 TO R3) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENTS TO CONSIDER AND GRANT EMERGENCY PAROLE TO THE PETITIONERS HUSBAND, S.N. KUMAR (CTP NO. 13366), IN ACCORDANCE WITH THE PROVISIONS OF THE KARNATAKA PRISONS RULES. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:50000 WP No. 33456 of 2025 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 petitioner-wife of the detenu, S.N.Kumar [CTP 13366] is before this Court seeking for the following reliefs; a. Issue a writ of certiorari or any other appropriate writ, order or direction, directing the respondents to consider and grant emergency parole to the petitioners husband, S.N. Kumar (CTP no. 13366), in accordance with the provisions of the Karnataka prisons rules. b) Pass order/direction to release petitioner husband by the nature of writ of mandamus to the respondent no.02 to release this petitioner husband bearing CTP No. 13366 on emergency parole. 2. The detenu had sought for emergency parole on account of his mother suffering from critical kidney function problems requiring immediate surgery. The said application having been rejected, the petitioner is before this Court seeking for the aforesaid reliefs. 3. The medical certificate indicate that the mother of the detenu requiring immediate surgery, I am of the - 3 - HC-KAR NC: 2025:KHC:50000 WP No. 33456 of 2025 considered opinion that the detenu is required to be available with the mother during such surgery. An emergency having arisen, on that account emergency parole would be required to be granted. 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- S.N.Kumar [CTP-13366] on parole for a period of 30 days commencing from 8.12.2025 or from the date of release, whichever is earlier, subject to the following conditions: a) The prisoner- S.N.Kumar [CTP-13366] 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 - 4 - HC-KAR NC: 2025:KHC:50000 WP No. 33456 of 2025 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 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.: 53