- 1 - HC-KAR NC: 2025:KHC:29815 WP No. 22174 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 22174 OF 2025 (GM-POLICE) BETWEEN: SRI SANJAY KUMAR JAIN J S/O LATE M JAWARILAL JAIN AGED ABOUT 57 YEARS R/O NO.3557, 9TH MAIN ROAD, OPPT. BAIDYANATH MEDICAL STORES KAVERI NAGAR, BSK II STAGE, BANASHANKARI POST BENGALURU-560070 THE PETITIONER IS IN CENTRAL PRISON VIDE CTP NO.12291 REPRESENTED BY HIS WIFE SMT SHOBHA DEVI W/O SANJAY KUMAR JAIN J AGED ABOUT 55 YEARS R/O NO.3557, 9TH MAIN ROAD, OPPT BAIDYANATH MEDICAL STORES KAVERI NAGAR BSK II STAGE, BANASHANKARI POST BENGALURU-560070 …PETITIONER (BY SRI. BASAVARAJU P.,ADVOCATE) Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:29815 WP No. 22174 of 2025 AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF HOME (MINISTRY OF HOME AFFAIRS) VIDHANA SOUDHA BENGALURU-560001 REP BY PRINCIPAL SECRETARY. 2. THE DIRECTOR GENERAL OF POLICE AND INSPECTOR GENERAL OF PRISONS SHESHADRI ROAD BENGALURU-560001. 3. CHIEF SUPERINTENDENT CENTRAL PRISON PARAPPANA AGARAHARA ELECTRONIC CITY POST BENGALURU-560100. …RESPONDENTS (BY SRI.RAHUL CARIAPPA., ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT IN THE NATURE OF MANDAMUS OR ORDER OR DIRECTION AND DIRECT THE RESPONDENT NO.3 TO RELEASE THE PETITIONER ON PAROLE FOR A PERIOD OF SIX MONTHS TO ENABLE HIM TO UNDERGO OPEN HEART SURGERY AND MEDICAL TREATMENT AS PER THE MEDICAL REPORT DATED 02/07/2025, VIDE ANNEXURE-C. - 3 - HC-KAR NC: 2025:KHC:29815 WP No. 22174 of 2025 THIS PETITION, COMING ON FOR FRESH MATTERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioner seeks a direction to the third respondent to release him on parole for six [6] months so that he could undergo Open Heart Surgery. The petitioner relies upon the Medical Report forwarded by the Chief Medical Officer, Central Prison Hospital, Central Prison, Bengaluru. Sri Basavaraju P, the learned counsel for the petitioner, and Sri Rahul Cariappa, the learned Additional Government Advocate, are heard. The petitioner’s condition in terms of the Medical Report is not contested and it is also not contested that the petitioner will have to undergo Open Heart Surgery with Sri Jayadeva Institute of Cardiovascular Sciences and Research Hospital, - 4 - HC-KAR NC: 2025:KHC:29815 WP No. 22174 of 2025 Bengaluru. Sri Rahul Cariappa submits that this Court must consider that the petitioner, who is represented by his wife, has rushed to this Court without applying in Form 9. Crucially, Sri Rahul Cariappa does not dispute that if indeed an application is filed, the same would be considered favourably. Therefore, this Court opines that this controversy must be put to rest and the petition must be disposed of with just orders lest there is delay in the petitioner receiving treatment. In the light of the afore, the following ORDER [A] The petition stands disposed of. [B] The third respondent is directed to release the petitioner on parole for 30 days beginning from the date of receipt of a certified copy of this order. C] The third respondent shall stipulate such conditions as will be necessary to ensure - 5 - HC-KAR NC: 2025:KHC:29815 WP No. 22174 of 2025 the petitioner's return to the jail once he recovers from the surgery. [D] The third respondent is directed to issue appropriate orders within three days from today. SD/- (B M SHYAM PRASAD) JUDGE NV