- 1 - HC-KAR NC: 2025:KHC:40394 WP No. 8546 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 8546 OF 2025 (GM-POLICE) BETWEEN: 1. H S ANAND CTP-00967 S/O SHIVANNA AGED ABOUT 35 YEARS R/AT CENTRAL PRISON MYSURU-570007. REPRESENTED BY HIS MOTHER LEELAVATHI W/O SHIVANNA MOTHER OF H.S. ANANDA CTP 00967 AGED ABOUT 54 YEARS, R/O NO. 4424, WARD-27, VALLABAI ROAD, 2ND CROSS, HASSAN, KARNATAKA-573201. …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 MYSURU-570007. …RESPONDENTS (BY SMT. K.P. YASHODHA, AGA FOR R1 & R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:40394 WP No. 8546 of 2025 DIRECT THE RESPONDENT NO.2 TO RELEASE PETITIONER H.S. ANAND CTP 00967 ON GENERAL PAROLE FOR A PERIOD OF 90 DAYS IN ACCORDANCE WITH LAW CITING THAT THE ILLNESS OF PETITIONER'S MOTHER WHICH IS EVIDENT FROM MEDICAL CERTIFICATE ISSUED BY THE GOVERNMENT OF KARNATAKA. THE PRESENCE OF CONVICT IS ESSENTIAL TO PROVIDE MEDICAL CARE FOR EFFECTIVE TREATMENT AND RECOVERY AS WELL AS TO BARE ALL THE MEDICAL EXPENSES AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioner is before this Court seeking the following reliefs: "Wherefore, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to issue writ of mandamus or any other appropriate writ(s), order(s) or direction(s) and thereby; a. Direct the Respondent No.2 to release petitioner H.S.Anand CTP 00967 on general parole for a period if 90 days in accordance with law citing that the illness of petitioner's mother which is evident from Medical Certificate issued by the Government of Karnataka. The presence of convict is essential to provide medical care for effective treatment and recovery as well as to bare all the medical expenses. b. Pass any other order(s) which this court may deem fit and proper under the facts and circumstances of the case, in the interest of justice". - 3 - HC-KAR NC: 2025:KHC:40394 WP No. 8546 of 2025 2. The mother of the Petitioner H S Anand , CTP-00967, is before this Court seeking for his release on parole. The petitioner/convict was convicted for offences under Section 302, 201, 498A of the IPC by the 4th Additional District and Sessions Court, Hassan (sitting at Channarayapatna), in SC No. 87/2023, for imprisonment for life with a fine of Rs. 10,000/- 3. The convict has undergone a judicial custody period of 1 year, 3 months, 23 days and in total, has undergone incarceration for 2 years, 1 day as on 08.12.2024. The reason for parole is stated to be of the mother suffering from uncontrollable Blood Pressure, sugar and back pain and for that reason it is contented that there is a requirement of the victim to be available to take care of the needs of the petitioner's mother. 4. Though the petitioner may be entitled for general parole right now, what would have to be considered - 4 - HC-KAR NC: 2025:KHC:40394 WP No. 8546 of 2025 by this Court is if the reasons which have been provided are sufficient enough for grant of parole taking into consideration the circumstances realistically. The petitioner has been convicted for offences under Section 302, 201, 498A of the IPC. He has undergone incarceration only for a period of 2 years 1 day, when the punishment awarded to him is imprisonment for life. 5. In that view of the matter, I am of the opinion that at this stage, when the petitioner has not undergone sufficient incarceration, for the reason of uncontrollable Blood Pressure and sugar of his mother which are general in nature, parole cannot be granted to the victim and hence, petition stands rejected. SD/- (SURAJ GOVINDARAJ) JUDGE Bsv