- 1 - HC-KAR NC: 2025:KHC:32191 WP No. 18157 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. 18157 OF 2025 (GM-POLICE) BETWEEN: ABDUL NABI ALIAS CHANDPASHA S/O GAIBAN SAB AGED ABOUT 48 YEARS, GURUDEVA RICE MILL SATYAMANGALA ROAD, NEAR NAVAGRAHA PARK, ARALIMARADAPALYA, TUDA LAYOUT SIRA GATE, TUMKURU - 572137. …PETITIONER (BY SRI. KIRAN S S.,ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARIAT, DEPARTMENT OF HOME, VIDHANA SOUDHA, BENGALURU - 560001. 2. THE CHIEF SUPERINTENDENT CENTRAL PRISON PARAPPANAGRAHARA BANGALORE - 580100. Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:32191 WP No. 18157 of 2025 3. THE COMMISSIONER OF POLICE 84MC JVC SIDDALINGAIAHNA PALYA, TUMKUR KARNATAKA - 572103. …RESPONDENTS (BY SMT.K.P. YASHODHA., AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE ENDORSEMENT AS ANNEXURE-B ISSUED BY THE 2ND RESPONDENT DATED 10/03/2025 BY DIRECTING THE RESPONDENT NO.2/CENTRAL PRISON, BANGALORE, TO RELEASE THE PETITIONER ON EMERGENCY PAROLE FOR A PERIOD OF 30 DAYS IN NO./BCP/CTP-SEC/21770/2025 AND PRISONER CTP NO. 14064 CONVICTED BY THE JUDGEMENT AND ORDER DATED 10.11.2023 PASSED BY THE HON'BLE HIGH COURT OF KARNATAKA IN CRL.APL.NO.445/2017 FOR THE OFFENCES PUNISHABLE U/SEC. 302 R/W 34 OF IPC, SEC 201 OF IPC. 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 - 3 - HC-KAR NC: 2025:KHC:32191 WP No. 18157 of 2025 ORAL ORDER The petitioner's application for emergency parole on the ground that his wife is not keeping well is rejected in terms of the second respondent's Endorsement dated 10.03.2025 [Annexure-B]. This Endorsement reads thus: With reference to the above subject, your application regarding Emergency Parole cited at reference (01) was sent for Police verification on 20.02.2025. The same has been rejected by the Police Inspector of Tumakuru Town Police Station, Tumakuru District in vide reference). Hence, your application for Emergency parole in hereby rejected. The petitioner to substantiate his case that his wife is not keeping well relies upon a Medical Certificate [Annexure-D] which reads as under: This is to certify that Mrs.Mubeen w/o Abdul Nabi aged about 44 years has been suffering from severe lower abdominal pain due to the uterus infection. - 4 - HC-KAR NC: 2025:KHC:32191 WP No. 18157 of 2025 She is undergoing a treatment under my observation for the last two years. She needs immediate surgery and medical treatment. The ailment is recurring again and again to the patient. Therefore, after the surgery the patient needs complete bed-rest under proper medical supervision. The request for emergency parole is considered in the light of these circumstances the terms of Clause 643[i][a] of the Karnataka Prisons and Correctional Services Manual 2021 [‘the Manual’]. This Court is of the view that the petitioner has made out a case for emergency parole and the second respondent could not have rejected the application without considering the merits, especially when there is no contra condition therefor. In the light of the afore, the petition must be allowed granting to the petitioner Emergency parole for fifteen [15] days subject to conditions: - 5 - HC-KAR NC: 2025:KHC:32191 WP No. 18157 of 2025 ORDER [A] The petition is allowed directing the second respondent to admit the petitioner to Emergency parole subject to the terms as contemplated under the Karnataka Prisons and Correctional Services Manual 2021 on receipt of a certified copy of this order. [B] The petitioner, through his learned counsel, is granted liberty to file a certified copy of this order with the second respondent [by email: cpblr.prisons-kar@gov.in] addressed to the Chief Superintendent, Central Prison, Bengaluru - 580 100. SD/- (B M SHYAM PRASAD) JUDGE NV