- 1 - HC-KAR NC: 2026:KHC:9644 WP No.4613/2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 4613/2026 (GM-POLICE) BETWEEN: SMT JAYALAKSHMI W/O PUTTARAJU AGED 50 YEARS, R/AT MADIHALLI VILLAGE BINDIGANAHALLI HOBLI, HONNAVARA, MANDYA DISTRICT-571802 (W/O CONVICT PUTTARAJU IN CENTRAL PRISON, BENGALURU (CONVICT PRISONER NO.7883) …PETITIONER (BY SRI. PRATHAP S S., ADVOCATE) AND: 1. THE DIRECTOR GENERAL OF POLICE PRISONS AND CORRECTIONAL SERVICES NO.9, SHESHADRI ROAD, Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:9644 WP No.4613/2026 GANDHI NAGAR BENGALURU - 560 009 2. THE CHIEF SUPERINTENDENT CENTRAL PRISON, PARAPPANA AGRAHARA ELECTRONIC CITY POST BENGALURU - 560 100 …RESPONDENTS (BY SRI.B.RAVINDRANATH, AGA) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTION IN THE NATURE OF MANDAMUS TO THE R2 TO RELEASE THE CONVICT PRISONER NO.7883 PUTTARAJU S/O CHIKKANNA ON EMERGENCY PAROLE FOR A PERIOD OF 30 DAYS. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD - 3 - HC-KAR NC: 2026:KHC:9644 WP No.4613/2026 ORAL ORDER The petitioner's husband [Mr. Puttaraju] is convicted for the offences punishable under Section 376 of IPC and Sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012 [for short, 'the POCSO Act'], and he is sentenced to life imprisonment in Special Case No.80/2013. The petitioner's husband is in custody [including remission] for a period over 14 years. The petitioner seeks emergency parole because her mother-in-law has died on 08.02.2026 and the obsequies ceremony is scheduled to be held tomorrow [i.e. 18.02.2026]. Mr.Prathap S.S., the learned counsel for the petitioner, argues for emergency parole to the petitioner’s husband relying upon these circumstances, and Mr. B.Ravindranath, the learned Additional Government Advocate, relying upon the provisions of Rule 191 of the Karnataka Prison (Amendment) Rules, 2000, [for short, 'the Rules of - 4 - HC-KAR NC: 2026:KHC:9644 WP No.4613/2026 2000'], contends that because the petitioner's husband is convicted for the offences under the POCSO Act, the second respondent is justified in insisting on releasing him on emergency barole but under adequate escort. In rejoinder, Mr. Prathap S S also submits that [a] if the petitioner's husband is admitted to parole upon being escorted, the petitioner will have to pay costs of Rs.30,000/-, and [b] the petitioner's husband is admitted to parole earlier by this Court and the petitioner's husband has returned to prison without room for complaint. These peculiar circumstances are considered to examine whether this Court must intervene. The amended Rule 191 of the Rules of 2000 vests power in the Superintendent of Jail to release a person who is convicted for the offence of rape to an emergency parole under adequate escort, and the provision reads that the Superintendent 'may' [as against 'shall'] release on parole under an escort. The question whether the Superintendent is under a - 5 - HC-KAR NC: 2026:KHC:9644 WP No.4613/2026 mandate in law, notwithstanding all circumstances to admit a convict for the offence of rape to emergency parole under adequate escort, can be considered in appropriate case, but in the present case the petitioner makes a request to attend the obsequies ceremonies and the petitioner has been admitted to parole earlier. This Court is of the view that the petitioner has made out a case for intervention. Hence the following: ORDER [a] The petition is allowed and the second respondent is directed to release the petitioner's husband [Mr.Puttaraju] on Emergency Parole for a period of one week from 18.02.2026 and the second respondent shall insist on terms as required under the Karnataka Prisons and Correctional Services Manual 2021 and - 6 - HC-KAR NC: 2026:KHC:9644 WP No.4613/2026 also that he shall mark his attendance with the jurisdictional police every day. [b] The learned counsel for the petitioner is granted liberty to file a certified copy of this order with the second respondent [by email: cpblr.prisons-kar@gov.in] addressed to the Chief Superintendent, Central Prison, Parappana Agrahara, Bengaluru - 560 100. Sd/- (B M SHYAM PRASAD) JUDGE RS