- 1 - HC-KAR NC: 2026:KHC:22215 WP No. 37851 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 37851 OF 2025 (GM-POLICE) BETWEEN: NASAREEN TAJ C/O ASLAM PASHA AGED ABOUT 36 YEARS, SISTER OF CONVICT SYED YARAB CTP 15213, NO.18/10, 11 L CROSS, WEST PADARAYANAPURA, VTC BANGALORE, KARNATAKA-571 252. …PETITIONER (BY SRI. SIRAJUDDIN AHMED.,ADVOCATE) AND: 1. STATE OF KARNATAKA HOME DEPARTMENT, THROUGH PRINCIPAL SECRETARY VIDHANA SOUDHA, BENGALURU-560 001. 2. CHIEF SUPERINTENDENT CENTRAL PRISON BANGALORE-560 100. 3. STATE BY JJ NAGAR P.S BANGALORE-560 018. (JURISDICTIONAL POLICE STATION) …RESPONDENTS (BY SRI. VIKAS ROJIPURA., AGA) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R2 TO Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:22215 WP No. 37851 of 2025 RELEASE THE PETITIONERS BROTHER SYED YARAB CTP-15213 ON GENERAL PAROLE FOR A PERIOD OF 90 DAYS CITING THAT THE PETITIONERS BROTHER WHO IS THE CONVICT PRISONER IN BANGALORE CENTRAL PRISON NEED TO TAKE CARE OF HIS ALLING MOTHER WHO IS SUFFERING FROM CHRONIC OBSTRUCTIVE PULMONARY DISEASE (COPD). 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 In the captioned petition, the petitioner is seeking direction against second respondent to release petitioner's brother/convict namely Syed Yarab on general parole for a period of 90 days citing that the petitioner's brother, who is a convict and undergoing sentence in Central Prison, Bengaluru, needs to take care of his ailing mother who is suffering from chronic obstructive pulmonary disease. 2. Heard the petitioner's counsel and learned AGA. 3. The lis that falls for consideration before this Court is as to whether the mere pendency of an appeal against conviction, coupled with an application seeking bail or suspension of sentence before the Appellate Court, - 3 - HC-KAR NC: 2026:KHC:22215 WP No. 37851 of 2025 would operate as an embargo for consideration of a request seeking grant of general parole. The impugned rejection proceeds on the singular premise that the petitioner’s brother, who is a convict, has an appeal pending consideration and that an application seeking bail is also under adjudication before the Appellate Authority. 4. This Court is unable to subscribe to the said reasoning. The question is no longer res integra. In a catena of decisions, this Court has consistently held that the remedy of parole operates in a distinct and independent field, de hors the pendency of appellate proceedings. Parole is not an extension of bail jurisprudence but is rooted in the reformative theory of punishment, intended to balance the need for societal protection with humane considerations. 5. This Court, in the reported judgment in Eswaramma vs. State of Karnataka (W.P. No.101311/2025, decided on 14.08.2025), has - 4 - HC-KAR NC: 2026:KHC:22215 WP No. 37851 of 2025 categorically held that non-filing of an application for suspension of sentence or bail, or even the rejection of such application, would not disentitle a convict from seeking consideration for parole, provided the request satisfies the statutory parameters. The converse, therefore, must equally hold good, namely that the mere pendency of such proceedings cannot be pressed into service to non-suit an applicant seeking parole. 6. In the present case, the facts stand on an even stronger footing. The petitioner’s brother has already secured an order of bail from the Appellate Court and is enlarged on bail. Be that as it may, the consideration for parole in the case on hand rests on independent grounds. This Court, on a careful perusal of the medical records placed on record, more particularly Annexure–B, is satisfied that the petitioner has demonstrated compelling circumstances warranting temporary release. The material on record indicates that the petitioner’s mother is ailing - 5 - HC-KAR NC: 2026:KHC:22215 WP No. 37851 of 2025 and requires immediate care and attention, which cannot be effectively substituted. 7. Therefore, the rejection of the application by the competent authority, founded solely on the pendency of appellate proceedings, is manifestly arbitrary and unsustainable in law. The petitioner has made out a case for interference under Article 226 of the Constitution of India. 8. Accordingly, this Court proceeds to pass the following: ORDER (i) The writ petition is hereby allowed; (ii) A writ of mandamus is issued directing the respondents to release the petitioner on general parole for a period of ninety (90) days from the date of his actual release, subject to the petitioner furnishing two solvent sureties to the satisfaction of the competent authority; - 6 - HC-KAR NC: 2026:KHC:22215 WP No. 37851 of 2025 (iii) During the period of parole, the petitioner shall maintain exemplary conduct and shall not indulge in any criminal activity or involve himself in any offence, much less offences of a similar nature; (iv) The petitioner shall confine his activities strictly to attending to the medical needs and allied exigencies of his ailing mother and shall not misuse the liberty so granted; (v) The petitioner shall strictly adhere to all conditions that may be imposed by the jurisdictional prison authorities and shall keep them duly informed of his place of residence and movements, as and when called upon to do so; (vi) The petitioner shall surrender before the jurisdictional prison authorities immediately upon the expiry of the parole period, unless the same is extended by a competent authority in accordance with law; (vii) The learned Additional Government Advocate is directed to forthwith communicate this order to the respondent No.2 – Chief Superintendent, Central Prison, Parappana Agrahara, Bengaluru, to ensure immediate compliance; - 7 - HC-KAR NC: 2026:KHC:22215 WP No. 37851 of 2025 (viii) The Registry is directed to transmit a copy of this order to the concerned prison authorities without delay to facilitate prompt implementation. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE ALB List No.: 1 Sl No.: 71