- 1 - HC-KAR NC: 2025:KHC:33764 WP No. 24377 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 24377 OF 2025 (GM-POLICE) BETWEEN: ALNOOR SHARIFF AGED ABOUT 45 YEARS, S/O FAKRUDDIN, NO.34/2 NEAR VINAYA THEATER MUNIYAPPA BLOCK D J HALLI BENGALURU CITY …PETITIONER (BY SRI. T.P.BASAVANTARAYAGOUDA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP BY CHIEF SECRETARY HOME DEPARTMENT VIDHANA SOUDHA BENGALURU-560001 2. THE D G AND INSPECTOR GENERAL OF PRISON CENTRAL PRISON PARAPPANA AGRAHARA BENGALURU-560100 3. CHIEF SUPERINTENDENT CENTRAL PRISON PARAPPANA AGRAHARA Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:33764 WP No. 24377 of 2025 BENGALURU-560100 4. THE COMMISSIONER OF POLICE (CCRB) INFANTRY ROAD, BENGALURU-560001 5. THE ASSISTANT COMMISSIONER OF POLICE EAST DIVISION BENGALURU CITY-560001 6. THE STATE OF KARNATAKA BY D J HALLI POLICE STATION, BENGALURU REP BY STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX BENGALURU-560001 7. THE STATE OF KARNATAKA BY SHIVAJI NAGAR POLICE STATION BENGALURU REP BY STATE PUBLIC PROSECUTOR HIGH COURT COMPLEX BENGALURU-560001 …RESPONDENTS (BY SMT. K. P. YASHODHA, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF CERTIORARI TO SET ASIDE THE REPORT DATED 09.06.2025 ISSUED IN NO CCRB/GIS/PAROLE/06/2025 BY THE RESPONDENT NO.4 PRODUCED AT ANNEXURE-A AS ILLEGAL IN THE INTEREST OF JUSTICE AND ISSUE WRIT OF CERTIORARI TO SET ASIDE THE ENDORSEMENT DATED 20.06.2025 ISSUED IN NO BCP/CTP/SEC/5305-2025 BY THE RESPONDENT - 3 - HC-KAR NC: 2025:KHC:33764 WP No. 24377 of 2025 NO.3 PRODUCED AT ANNEXURE-B AS ILLEGAL IN THE INTEREST OF JUSTICE. 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 is convicted for the offences punishable under Section 376 of IPC read with Sections 5(L) and 6 of the Protection of Children from Sexual Offences Act, 2012 and the petitioner's appeal as against the conviction and the sentence is also dismissed. The petitioner is in the custody for more than eight years, and his application for General Parole is rejected by the second respondent vide the impugned Endorsement dated 20.06.2025 [Annexure - B]. The second respondent's Endorsement is in the light of the Report by the Jurisdictional Assistant Commissioner of Police, Bengaluru, and this Report is that the petitioner has not furnished "any - 4 - HC-KAR NC: 2025:KHC:33764 WP No. 24377 of 2025 photocopy" to substantiate his case that his mother is ill. The petitioner has produced a medical certificate issued by the Senior Medical Officer, Victoria Hospital, Bengaluru and it is seen that the petitioner's mother suffers from Peripheral Neuropathy, Rectal Bleeding with Chronic Fatigue, with the Doctor opining that she must undergo surgical treatment. When queried, the learned Additional Government Advocate does not state that there are any contra conditions. Typically, the application should have been considered by the Director General of Police, Prisons and Correctional Services in terms of the Karnataka Prisons and Correctional Services Manual 2021, but the second respondent has considered the application possibly because of the relevant Rule that is introduced to meet exigent circumstances because of COVID-19. However, in the present case, this Court - 5 - HC-KAR NC: 2025:KHC:33764 WP No. 24377 of 2025 is of the view that the petitioner has made out a case for grant of General Parole for a period of thirty [30] days and with liberty to seek extension. In the light of the afore, the following: ORDER [A] The petition is allowed. [B] The third respondent is directed to grant General Parole to the petitioner subject to the terms as contemplated under the Karnataka Prisons and Correctional Services Manual 2021 on receipt of a certified copy of this order. [C] The third respondent shall impose such conditions as shall be necessary to ensure that the petitioner marks his attendance regularly with the jurisdictional police. [D] The learned counsel for the petitioner is granted liberty to file a certified copy of this order with the third - 6 - HC-KAR NC: 2025:KHC:33764 WP No. 24377 of 2025 respondent [by email: phq.prisons- kar@gov.in] addressed to the Chief Superintendent, Central Prison, Bengaluru - 591108. SD/- (B M SHYAM PRASAD) JUDGE RB