- 1 - HC-KAR NC: 2025:KHC:32184 WP No. 12257 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. 12257 OF 2025 (GM-POLICE) BETWEEN: SMITHA BABITHA KUMARI C/O RAVINDRA FIANCE OF ASHRITH ALIAS ASHU CTP 478 AGED ABOUT 32 YEARS, R/AT V T ROAD, VENKATARAMANA TEMPLE, CM STREET, MANGALORE, KARNATAKA- 575001. …PETITIONER (BY SRI. SIRAJUDDIN AHMED.,ADVOCATE) AND: 1. STATE OF KARNATAKA HOME DEPARTMENT, THROUGH PRINCIPAL SECRETARY VIDHANA SOUDHA, BENGALURU - 560001. 2. CHIEF SUPERINTENDENT CENTRAL PRISON KALABURAGI - 585201. …RESPONDENTS (BY SMT.K.P. YASHODHA., AGA) Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:32184 WP No. 12257 of 2025 THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-2 TO RELEASE THE PETITIONERS FIANCE ASHRITH ALIAS ASHU CTP 478 ON GENERAL PAROLE FOR A PERIOD OF 30 DAYS WITH FURTHER EXTENSION OF 60 DAYS ON THE GROUND FOR SOLEMNIZATION OF MARRIAGE WITH THE PETITIONER. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioner seeks general parole for her fiancée who is convicted for life in SC No.106/2014 on the file of the I Additional District and Sessions Judge, Dakshina Kannada, Mangaluru contending that application is filed with the Registrar of Marriage, Mangalore city and that the marriage cannot be solemnized and registered without convict's participation. - 3 - HC-KAR NC: 2025:KHC:32184 WP No. 12257 of 2025 Mr. Sirajuddin Ahmad, the learned counsel for the petitioner, submits that the petitioner is constrained to approach this Court after an application in terms of Annexure-C because it is extremely difficult for the Court to secure the application in Form No.IX of the Karnataka Prisons and Correctional Services Manual 2021 [for short, 'the Manual 2021']. Ms.K.P.Yashodha, the learned Additional Government Advocate, relying upon the statement of objections, submits that the convict was admitted to general parole and he has returned to the prison only on 22.01.2025 and no application could have been entertained within six months from the date of return from parole. When queried on the antecedents and the petitioner's eligibility otherwise to be admitted to general parole, the learned Additional Government Advocate submits, on instructions, that there are no contra conditions for granting parole. This Court, - 4 - HC-KAR NC: 2025:KHC:32184 WP No. 12257 of 2025 given the reasons assigned and because presently it is more than six months from the date of the petitioner's return to prison, is of the view that the convict must be admitted to general parole commencing fro the period from 25.08.2025 for a period of thirty [30] days. However, this Court must observe that if the convict is interested in any parole further, it must be only upon an application in the prescribed form with the jail authorities in accordance with the Karnataka Prisons and Correctional Services Manual, 2021. In the light of the afore, the following: ORDER [A] The petition is allowed. [B[ The second respondent is directed to grant general parole for thirty [30] days from 25.08.2025 to the petitioner's fiancée [the convict] subject to the terms as contemplated under the Karnataka Prisons - 5 - HC-KAR NC: 2025:KHC:32184 WP No. 12257 of 2025 and Correctional Services Manual 2021 and on receipt of a certified copy of this order. [C] The petitioner, through the learned counsel on record, is granted liberty to file a certified copy of this order with the second respondent [by email: cpgbg.prisons- kar@gov.in] addressed to the Chief Superintendent, Central Prison, Kalaburgi - 585 201. SD/- (B M SHYAM PRASAD) JUDGE SA ct:sr