- 1 - HC-KAR NC: 2025:KHC:45798 WP No. 31104 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 31104 OF 2025 (GM-POLICE) BETWEEN: MAHESH N S/O NANJUNDAIAH, AGED ABOUT 33 YEARS, HOUSE OF SMT. BHAGYAMMA, 2ND CROSS, ROTARYNAGAR, KODICHIKKANAHALLI, BANGALORE- 560 076, PERMANENT ADDRESS MADAVADI GRAMA, TALAKADU HOBLI, T NARASIPURA TALUK, MYSORE- 571 122. …PETITIONER (BY SRI. KIRAN S S, ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARIAT, DEPARTMENT OF HOME, VIDHANA SOUDHA BANGALORE- 560 001 2. THE CHIEF SUPERINTENDENT CENTRAL PRISON, PARAPPANAGHRAHARA, BANGALORE- 580 100 3. THE COMMISSIONER OF POLICE ALI ASKER ROAD, VASANTH NAGAR, BANGALORE- 560 001 …RESPONDENTS (BY SMT. K.P. YASHODHA, AGA) Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45798 WP No. 31104 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI BY QUASHING THE ENDORSEMENT AS ANNX-B ISSUED BY THE R2 DTD 18.09.2025, NO./CPB/CTP/-SEC/12089/2025, BY DIRECTING THE R2/CENTRAL PRISON, BANGALORE, TO RELEASE THE PETITIONER ON EMERGENCY PAROLE FOR A PERIOD OF 30 DAYS IN PRISONER CTP NO.9905 CONVICTED BY THE JUDGMENT AND ORDER DTD 17.11.2017 FOR THE OFFENES PUNISHABLE U/SEC.302,376,201 OF IPC AND 6 OF POCSO ACT 2012 AND ETC. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The brother of the detenu Mahesh N CTP 9905 is before this Court seeking for the following reliefs: a. Issue a Writ of Certiorari by quashing the endorsement as ANNEXURE-B issued by the 2nd Respondent dated 18/09/2025, No./CPB/CTP/-Sec/12089/2025, by directing the Respondent No.2/Central Prison, Bangalore, to release the Petitioner on emergency parole for a period of 30 days in prisoner CTP No.9905 convicted by the judgement and order dated 17/11/2017 for the offences punishable U/sec. 302, 376, 201 of IPC and 6 of POCSO Act 2012 Vide Annexure-A, in the interest of justice and equity. b. Issue such other suitable orders or direction as this Hon'ble court deems fit and proper in the nature and circumstances of the case, in the interest of justice and equity. 2. The detenu has been convicted for offence under Section 302 OF IPC, Section 6 of POCSO Act, 2012 - 3 - HC-KAR NC: 2025:KHC:45798 WP No. 31104 of 2025 read with Section 376 of IPC and under Section 201 of IPC, and sentenced on 18.11.2017, highest of the sentence being the imprisonment for life. The detenu has spent a period of 11 years, 7 months and 20 days as on 03.04.2025 and has been granted court parole on two earlier occasions. The application filed by the detenu for parole was rejected on the ground that the detenu was involved in offence under POCSO Act and 376 IPC. In that background, petitioner is before this Court. 3. Learned AGA once again reiterates that the detenu has been convicted for offences under Section 6 of POCSO Act, 2012 and 376 IPC, parole could not be granted. 4. This Court had on two earlier occasions granted parole to the detenu. During this time, there was no complaint against the detenu and the detenu has surrendered himself to the jail authorities. In that view of the matter, I do not find any reason not to - 4 - HC-KAR NC: 2025:KHC:45798 WP No. 31104 of 2025 grant parole to the detenu on this occasion. Hence, I pass the following ORDER i) The Writ Petition is allowed. ii) Respondent No.2–Chief Superintendent, Central Prison, Bangalore, is directed to release Mahesh N CTP 9905 on parole for a period of 60 days commencing from 17.11.2025 or from the date of release, whichever is earlier, subject to the following conditions: a) The prisoner shall mark his attendance in the jurisdictional Police Station, weekly once throughout the period of his parole and it would be the responsibility of the jurisdictional Police to take them to gaol, in the event, the convict would evade going back to the gaol, after the expiry of the period of parole. - 5 - HC-KAR NC: 2025:KHC:45798 WP No. 31104 of 2025 b) Respondent No.1 shall stipulate strict conditions as are usually stipulated to ensure return of the detenu to the gaol and that he shall not commit any other offence during the period of parole. iii) The Registry is directed to communicate the order to the prison Authority for its immediate execution. SD/- (SURAJ GOVINDARAJ) JUDGE PRS List No.: 2 Sl No.: 18