- 1 - HC-KAR NC: 2025:KHC:52734 WP No. 37597 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 37597 OF 2025 (GM-POLICE) BETWEEN: KARTHIK B T S/O B R TIRUMALAI AGE ABOUT 27 YEARS R/A FLAT NO 367, B4 BLOCK, KENDRIYA VIHAR APPTS, B H ROAD YELAHANKA, BENGALURU 560064 TIRUMALAI IN CUSTODY CTP NO. 14248 …PETITIONER (BY SRI. VIVEK N, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS ADDITIONAL CHIEF SECRETARY DEPARTMENT OF HOME AND PRISON VIDHANA SOUDHA, BENGALURU-560001 2. THE CHIEF SUPERINTENDENT CENTRAL PRISON, PARAPPANA AGHRAHARA BENGALURU 580100 3. THE DIRECTOR GENERAL OF POLICE AND INSPECTOR GENERAL OF PRISON AND CORRECTIONAL SERVICES NO 4, SESHADRI ROAD, BENGALURU 560009 4. INSPECTOR OF POLICE BASAVANAGUDI POLICE STATION BANGALORE 577301 …RESPONDENTS (BY SRI.B.RAVINDRANATH, AGA) THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TAKING INTO CONSIDERATION OF THE PETITIONERS REQUEST TO Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:52734 WP No. 37597 of 2025 RELEASE FATHER OF PETITIONER ON EMERGENCY PAROLE AS PER RULE 191(2) OF THE KARNATAKA PRISONS RULES, FOR A PERIOD OF 30 DAYS. THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The son of the detenu, B.R.Tirumalai, CTP.No.14948, is before this Court seeking for the following reliefs: a. Issue a writ of mandamus by directing the respondents taking into consideration of the petitioners request to release father of petitioner on emergency parole as per rule 191(2) of the Karnataka prisons rules, for a period of 30 days. b. Grant such other reliefs that this Hon'ble Court deems fit to be grant in the facts and circumstances of the case, in the interest of justice and equity. 2. The detenu had been convicted on 04.12.2024 in C.C.No.18318/2016 for the offences punishable under Section 138 of the Negotiable Instruments Act, 1881, by the XXV Additional Chief Judicial Magistrate, Bengaluru City to make payment of fine - 3 - HC-KAR NC: 2025:KHC:52734 WP No. 37597 of 2025 of Rs.2,50,00,000/- failure thereof, to undergo one year imprisonment. The petitioner has in all spent for a period of 7 months and 16 days in incarceration as on 26.11.2025. The petitioner, having been released on parole on five earlier occasions, has availed of the said parole and reported to the jail without any complaint. 3. The present application has been filed by the petitioner seeking for emergency parole by relying upon the medical certificate which has been submitted at Annexure-L. In terms of the said medical certificate, it is submitted that the detenu suffers from Ischemic Heart Disease as also Type-II Diabetes Mellitus, apart from various other health issues, and the issue for consideration of the present application is that the detenu’s right foot’s fourth toe had a gangrenous infection, the first three toes having already been amputated, the fourth toe now being affected, and proper treatment is not available - 4 - HC-KAR NC: 2025:KHC:52734 WP No. 37597 of 2025 at the prison hospital; as such, the detenu wants to avail the treatment at the Apollo hospital, Bengaluru. 4. Considering the medical report which has been filed and considering that the detenu having been released on parole on five earlier occasions, there being no complaint against the detenu, and that the detenu’s fourth toe on his right foot is now affected by gangrene, I am of the considered opinion that the detenu would be entitled to have adequate and proper treatment at the hospital of his choice, viz., Apollo Hospital, Bangalore. 5. In that view of the matter, I pass the following: ORDER i) The Writ Petition is allowed. ii) Respondent No.2–Chief Superintendent, Central Prison, Bangalore, is directed to release the detenu-B.R.Tirumalai, CTP.No.14948 on parole - 5 - HC-KAR NC: 2025:KHC:52734 WP No. 37597 of 2025 for a period of 30 days commencing from 15.12.2025 or from the date of release, whichever is earlier, subject to the following conditions: a) The prisoner-B.R.Tirumalai, CTP.No.14948 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) Respondent No.1-State of Karnataka 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. - 6 - HC-KAR NC: 2025:KHC:52734 WP No. 37597 of 2025 iii) The Registry is directed to communicate the order to the prison Authority for its immediate execution. SD/- (SURAJ GOVINDARAJ) JUDGE KTY List No.: 3 Sl No.: 3