Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:53385 WP No. 36256 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 36256 OF 2025 (GM-POLICE) BETWEEN:
1.
SMT. USHA RANI W/O SURESH KUMAR B S AGED ABOUT 35 YEARS R/AT BYAPPANAHALLI VILLAGE SUGATUR, KOLAR DISTRICT 563 101
…PETITIONER (BY SRI. PRATHAP S S., ADVOCATE) AND:
1.
THE CHIEF SUPERINTENDENT CENTRAL PRISON BENGALURU 560100.
2.
THE SUPERINTEDENT OF POLICE KOLAR DISTRICT KOLAR 563 101.
3.
THE DIRECTOR GENERAL OF POLICE PRISONS AND CORRECTIONAL SERVICES SESHADR ROAD BENGALURU 560 003 …RESPONDENTS (BY SMT. K P YASHODHA, AGA FOR RESPONDENTS)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTION IN THE NATURE OF MANDAMUS TO THE RESPONDENTS TO RELEASE THE CONVICT PRISONER NO. 10067 B.S SURESH KUMAR AT MANI AT SHANKARACHARI ON GENERAL PAROLE FOR A PERIOD OF 90 DAYS AND ETC.
Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:53385 WP No. 36256 of 2025
THIS 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 wife of the detenu-B.S. Suresh Kumar- CTP.No.10067, is before this Court seeking for the following reliefs: (a) Issue a Writ Order or direction in the nature of mandamus to the Respondents to release the convict prisoner No 10067 B S Suresh Kumar @ Mani @ Shankarachari on general parole for a period of 90 days.
(b) Pass such other orders/ directions considering the facts and circumstances of the case together as to costs in the interest of justice
2. The detenu had been convicted in S.C.No.97/2017 for offences punishable under Sections 302 and 201 of IPC by the II Additional District and Sessions Judge, Kolar and sentenced on 20.01.2018 with the highest of the sentence being imprisonment for life.
3. The detenu has served a period of 10 years 2 months 17 days of imprisonment as on 29.10.2025 and his conduct in jail is said to be satisfactory. The petitioner having made an application for parole on
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HC-KAR NC: 2025:KHC:53385 WP No. 36256 of 2025
account of house repair, the same came to be rejected on account of adverse report having received from the police.
4. A perusal of the police report indicates that it deals with the conviction of the detenu and does not cover any issue as regards the detenu being a flight risk and/or could cause any harm or injury to the victim/s or victim/s causing any harm to the detenu.
5. In that view of the matter, taking into consideration that the detenu has served a period of 10 years 2 months 17 days as on 29.10.2025 and has been released on general parole on three occasions and emergency parole on one occasion for a period of 8 months 25 days, during these days, the conduct of the detenu has been satisfactory and there is no particular complaint against the detenu, I pass the following:
ORDER i) The Writ Petition is allowed.
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HC-KAR NC: 2025:KHC:53385 WP No. 36256 of 2025
ii) Respondent–Chief Superintendent, Central Prison, Bengaluru, is directed to release the detenu-B.S. Suresh Kumar-CTP.No.10067, on parole for a period of 90 days commencing from 22.12.2025, subject to the following conditions: a) The prisoner - B.S. Suresh Kumar- CTP.No.10067, 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. b) Respondents shall stipulate strict conditions as are usually stipulated to ensure return of the detenu to the gaol and that he shall not
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HC-KAR NC: 2025:KHC:53385 WP No. 36256 of 2025
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
KTY List No.: 2 Sl No.: 54