Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:12195 WP No. 6405 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 6405 OF 2026 (GM-POLICE) BETWEEN:
SMT. GEETHA R W/O LATE SRIDHAR, AGED ABOUT 46 YEARS, RESIDENT AT ELEKERE VILLAGE, KYATANAHALLI, PANDAVAPURA TALUK, MANDYA DISTRICT-571427 (MOTHER OF CONVICT SRI.CHETAN S SERVING IMPRISONMENT IN CENTRAL PRISON, MYSURU CTP NO.01421) …PETITIONER (BY SRI. ADITYA S K.,ADVOCATE) AND:
1.
THE STATE OF KARNATAKA REP. BY THE PRINCIPAL SECRETARY, HOME DEPARTMENT, VIDHANA SOUDHA BENGALURU 560001.
Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:12195 WP No. 6405 of 2026
2.
THE DIRECTOR GENERAL OF POLICE PRISONS AND CORRECTIONAL SERVICES, NO.9, SHESHADRI ROAD, GANDHI NAGAR, BENGALURU-560009.
3.
THE CHIEF SUPERINTENDENT, CENTRAL PRISON, MYSURU, ASHOKA ROAD, MYSURU- 570007.
4.
THE SUB-INSPECTOR OF POLICE, KYATANAHALLI POLICE STATION, PANDAVAPURA TALUK, MANDYA DISTRICT-571427. …RESPONDENTS (BY SRI.B. RAVINDRANATH., AGA)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENT NO.3 THE CHIEF SUPERINTENDENT, CENTRAL PRISON, MYSURU TO GRANT EMERGENCY PAROLE TO THE PETITIONER'S SON /SRI. CHETAN S HAVING, CTP NO. 01421, CURRENTLY SERVING IMPRISONMENT IN CENTRAL PRISON, MYSURU FOR A PERIOD OF 15 DAYS TO ENABLE HIM TO ATTEND THE MARRIAGE CEREMONY OF HIS SISTER KUM.
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HC-KAR NC: 2026:KHC:12195 WP No. 6405 of 2026
CHANDANA S SCHEDULED FROM 25.02.2026 TO
01.03.2026.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD
ORAL ORDER
The petitioner's son, [Sri Chetan S] a 25 year old person engaged in home nursing, is convicted for the offence punishable under Section 363 and other sections of IPC. His conviction is in SC No. 406/2022 on the file of the VII Additional District and Sessions Judge, Mysuru. The petitioner's son has been in prison for three years and five months and he has applied for emergency parole asserting that his sister is getting married.
The third respondent has called for a Report from the jurisdictional police on whether indeed there is any wedding. The jurisdictional Police has filed a Report with the third respondent stating that there is
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HC-KAR NC: 2026:KHC:12195 WP No. 6405 of 2026
a wedding and that his sister is getting married on 26.02.2026 at Pandavapura. Sri Aditya S K, the
learned counsel for the petitioner, does not dispute that Sri Chetan S has filed an appeal against the
judgment of conviction but argues in support of the petition stating that no application is filed in such appeal for bail and that though the wedding was on 26.02.2026 there is an occasion for the newly-wed couple on 01.03.2026.
The learned counsel emphasizes that this Court may consider, in the peculiarities, to admit the Sri Chetan S to emergency parole for a limited period to attend a "wedding event" on 01.03.2026 on terms that are reasonable contending that the petitioner's other children are physically impaired. Sri B Ravindranath, a learned Additional Government Advocate who is called upon to accept notice for the respondents, is heard.
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HC-KAR NC: 2026:KHC:12195 WP No. 6405 of 2026
This Court opines that when an appeal is pending against a judgment of conviction, the appropriate course would be to move an application in the pending proceedings. However, in this case where the wedding in the family is not in dispute, and because it is stated that the appeal is being conducted by a counsel who is appointed by the Karnataka Legal Services Authority and that the petitioner could not reach the learned counsel in time, this Court is persuaded to admit the petitioner to emergency parole for a limited period and on terms. Hence, the following:
ORDER [a] The petition is allowed directing the third respondent to admit the petitioner's son [Sri Chetan S] to emergency parole of three days on the condition that the petitioner's son shall return to the prison on 03.03.2026 and subject to the
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HC-KAR NC: 2026:KHC:12195 WP No. 6405 of 2026
petitioner executing surety as required under the Karnataka Prisons and Correctional Services Manual, 2021 stipulating that the petitioner's son shall mark his presence with the jurisdictional police on each day to ensure that there is no occasion of law and order situation. [b] The petitioner is reserved with liberty to forward a copy of this order to the third respondent over email [cpmys.prisons-kar@gov.in] through a
learned counsel.
SD/- (B M SHYAM PRASAD) JUDGE