- 1 - HC-KAR NC: 2026:KHC:21505 WP No. 10732 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 10732 OF 2026 (GM-POLICE) BETWEEN: MRS. NOMINA KATUN W/O. ABDUL, AGED ABOUT 59 YEARS, R/AT VILL BHUTUCHERRA, PO CHERAGI, VTC: PURBA BUTUCHERA T.E, PO: CHERAGH, SUB: DISTRICT: RAMKRISHNA NAGAR, SRIBHUMI DISTRICT, ASSAM - 788 737. &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 CQQ5 + RPH, MARIMAKALAHALLI, KARNATAKA - 562 101. &RESPONDENTS (BY SRI. K.P. YOGANNA, AGA) Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:21505 WP No. 10732 of 2026 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO 1. ISSUE A WRIT OF MANDAMUS BY DIRECTING THE RESPONDENT NO.2/CENTRAL PRISON, BANGALORE, TO RELEASE THE PETITIONER'S SON ON GENERAL PAROLE FOR A PERIOD OF 90 DAYS AND PRISONER CTP NO.12440 CONVICTED BY THE JUDGEMENT AND ORDER DATED 12/10/2021 AS PER THE ANNEXURE-A, FOR THE OFFENCES PUNISHABLE U/SEC U/SEC 364A, 302, 201 OF IPC, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER The present writ petition is instituted by the petitioner, who is the mother of the convict undergoing sentence pursuant to conviction in S.C. No.65/2018 for the offence punishable under Section 302 of the IPC. The grievance projected before this Court is in relation to the denial of parole despite the existence of compelling humanitarian circumstances. It is not in dispute that the convict had earlier approached this Court in the year 2024 and this Court, taking note of the attendant facts and circumstances, was pleased to grant parole for a period of ninety (90) days. However, it transpires that while implementing the said order, the jurisdictional prison authorities noticed a discrepancy with regard to the residential - 3 - HC-KAR NC: 2026:KHC:21505 WP No. 10732 of 2026 particulars of the petitioner, who, though reflected as a resident of the State of Karnataka, is in fact residing in the State of Assam. Notwithstanding the said discrepancy, the Coordinate Bench had extended the benefit of parole primarily on account of the serious medical condition of the petitioner herein. 2. Learned counsel appearing for the petitioner would submit that despite earnest efforts made both by the petitioner and the convict to seek necessary clarification/correction in the earlier order, the same has not yielded any fruitful result, thereby constraining the petitioner to once again approach this Court by filing the present petition seeking grant of parole on identical humanitarian grounds. 3. Heard the learned counsel appearing for the petitioner and the learned Additional Government Advocate appearing for the State. Perused the material placed on record, including the medical records pertaining to the petitioner. 4. On a careful examination of the records, it is evident that the petitioner, who is aged about 59 years, is suffering from cervical cancer and is presently undergoing treatment. - 4 - HC-KAR NC: 2026:KHC:21505 WP No. 10732 of 2026 The medical documents placed on record prima facie substantiate the seriousness of her ailment and the necessity of familial support during the course of treatment. The records further disclose that the convict has undergone a substantial period of incarceration and there is no adverse material placed before this Court indicating any misconduct or untoward incident during his incarceration. 5. It is also relevant to note that the convict has not availed parole for a considerable period of nearly seven (7) years. The cumulative effect of the aforesaid factors, namely, the grave medical condition of the petitioner, the prolonged incarceration of the convict, and the absence of any adverse antecedents within the prison, persuade this Court to take a liberal view in the matter. 6. It is trite that parole is not a matter of right, but a reformative and rehabilitative measure intended to enable a convict to maintain social and familial ties. The object of parole assumes greater significance in situations involving compelling humanitarian considerations, such as serious illness of a close family member. Courts have consistently recognized that - 5 - HC-KAR NC: 2026:KHC:21505 WP No. 10732 of 2026 temporary release can be granted in such circumstances, subject to stringent safeguards, so as to balance the competing interests of societal security and individual humanitarian needs. 7. However, having regard to the fact that the petitioner is a resident of the State of Assam and not within the territorial jurisdiction of this Court, this Court is of the considered view that adequate and stringent conditions are required to be imposed to ensure the presence of the detenue and to secure his surrender upon expiry of the parole period. ORDER (i) The writ petition is hereby allowed; (ii) The respondents are directed to release the convict/detenue bearing CTP No.12440 on parole for a period of sixty (60) days from the date of his actual release; (iii) The release shall be subject to the detenue furnishing an undertaking that he shall not indulge in any unlawful activities during the period of parole; - 6 - HC-KAR NC: 2026:KHC:21505 WP No. 10732 of 2026 (iv) The detenue shall furnish two (2) solvent local sureties from the State of Karnataka to the satisfaction of the jurisdictional prison authorities prior to his release; (v) The respondents shall impose all such stringent and necessary conditions, including conditions ensuring the timely surrender of the detenue immediately upon expiry of the parole period; (vi) Any violation of the conditions so imposed shall entail immediate cancellation of parole without further reference to this Court; (viii) The Registry is directed to communicate this order forthwith to the jurisdictional prison authorities, including by electronic mode, to ensure prompt compliance. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE HDK/List No.: 1 Sl No.: 42