Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:31345 WP No. 9026 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 9026 OF 2025 (GM-POLICE)
BETWEEN:
ADIL PASHA CTP 19872 S/O ASLAM PASHA AGED ABOUT 36 YEARS R/AT CENTRAL PRISON MYSORE-570007. REPRESENTED BY HIS MOTHER
ZARIN T AJ W/O ASLAM PASHA MOTHER OF ADIL PASHA (CTP NO. 19872) AGED ABOUT 55 YEARS R/O 339/A USMANIYA BLOCK GHOUSIYA NAGAR MYSORE KARNATAKA 570019. …PETITIONER (BY SRI. SIRAJUDDIN AHMED.,ADVOCATE) AND:
1. STATE OF KARNATAKA HOME DEPARTMENT, THROUGH PRINCIPAL SECRETARY
Digitally signed by VANAMALA N Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:31345 WP No. 9026 of 2025
VIDHANA SOUDHA, BENGALURU - 560001. 2. CHIEF SUPERINTENDENT CENTRAL PRISON MYSORE - 570007. …RESPONDENTS (BY SMT.K.P. YASHODHA., AGA)
THIS W.P. IS FILED PRAYING TO DIRECT THE RESPONDENT NO.2 TO RELEASE THE PETITIONER ADIL PASHA (CTP NO 19872) ON GENERAL PAROLE FOR A PERIOD OF 90 DAYS CITING THAT HIS MOTHER IS SUFFERING FROM VARIOUS AILMENTS WHICH IS EVIDENT FROM MEDICAL CERTIFICATE ISSUED BY THE NAGARAJEGOWDA MEMORIAL HOSPITAL, THE PRESENCE OF PETITIONER IS ESSENTIAL FOR EFFECTIVE TREATMENT AND RECOVERY AS WELL AS TO BARE ALL THE MEDICAL EXPENSES AND ALSO HE HAS NOT BEEN RELEASED EARLIER ON PAROLE. 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:31345 WP No. 9026 of 2025
ORAL ORDER
The petitioner has sought for General Parole who is undergoing imprisonment after conviction for the offence under Section 302, 307 read with Section 34 of Indian Penal Code in SC No.275/2014 on the file of the IV Additional District and Sessions Judge, Mysuru. The learned counsel submits that the petitioner is constrained to approach this Court directly because the respondents are selective in issuing Form No.IX under the Karnataka Prisons and Correctional Services Manual, 2021 [for short, 'the Manual]. The Manual details the procedure to be followed and the conditions that must be satisfied to be admitted to General Parole. The right to General Parole cannot be denied by refusing the application in Form No.IX.
In the circumstances wherein the petitioner seeks General Parole for his son asserting that his presence is required to look after his mother
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HC-KAR NC: 2025:KHC:31345 WP No. 9026 of 2025
who is suffering from asthama cough and breathlessness, this Court is of the view that the petition must be disposed of directing the second respondent to issue Form No.IX to the petitioner's son immediately upon receipt of a certified copy of this order. The learned counsel for the petitioner is granted liberty to file a certified copy of this order with the second respondent [by email: cpmys.prisons- kar@gov.in] addressed to the Chief Superintendent, Central Prison, Mysore - 570 007. It is needless to observe that upon receipt of Form No.IX which is duly signed, the same shall be considered within the timeline as provided under the Manual 2021. The petition stands disposed of accordingly. Sd/- (B M SHYAM PRASAD) JUDGE
SA ct:sr