Disposed¶38

Manjula K v. State of Karnataka

Karnataka HC13 Aug 2025WP/11905/2025

Case brief

AI extract

What is this about?

General parole; convict husband release; medical/illness ground rejected after police verification found petitioner hale and healthy; Karnataka Prisons and Correctional Services Manual, 2021 Clause 635 (iii) and (iv); application in prescribed form; POCSO Act 2012 and IPC convict, Special Case No.189/2021, FTSC-1 Mysuru; Central Prison Mysore; Writ Petition (GM-POLICE) No. 11905 of 2025; Articles 226 and 227; petition disposed with liberty to apply; Justice B M Shyam Prasad; HC-KAR.

What did the court decide?

General parole as prayed for was not granted; the petitioner was given liberty to make an application in the prescribed form under Clause 635 of the Karnataka Prisons and Correctional Services Manual, 2021, and the authorities were called upon to consider such application expeditiously in terms of the procedure under the Manual.

Manjula K Vs State of Karnataka — Child Sexual Offences (POCSO) | Karnataka HC (2025)

What the court decided

AI extract

Outcome

¶38

Issue for consideration

Whether the petitioner's husband, a convict in Special Case No.189/2021, should be directed to be released on general parole for 30 days with a further extension of 60 days on the ground of the petitioner's illness. +1 more

¶25

Court's answer

In view of the State's report that police officers visited the petitioner's residence and ascertained that she is hale and healthy, the Court refused indulgence, declining to grant the general parole sought on the ground of the petitioner's illness.

¶33

Ratio / Principle

If the petitioner seeks general parole for reasons contemplated under Clause 635 (iii) and (iv) of the Karnataka Prisons and Correctional Services Manual, 2021, she must make an application in the prescribed form.

¶33

Key takeaways

The petition stands disposed of with liberty to the petitioner to make such application, and the authorities are called upon to consider that application in terms of the procedure contemplated under the Manual expeditiously.ratio¶33

Detailed headnote1 paragraphs

Writ petition under Articles 226 and 227 of the Constitution of India by Manjula K seeking a direction to the Chief Superintendent, Central Prison, Mysore to release her husband Prasanna CTP 00586 — a convict in Special Case No.189/2021 (offences under the Protection of Children from Sexual Offences Act, 2012 and provisions of IPC, Additional District and Sessions Judge, FTSC-1, Mysuru) — on general parole for 30 days with a further 60-day extension on the ground of her illness. The learned Additional Government Advocate reported that police officers visited the petitioner's residence and found her hale and healthy; the Court therefore refused indulgence. Observing that no parole application had been made, the Court held that a seeker of general parole for reasons contemplated under Clause 635 (iii) and (iv) of the Karnataka Prisons and Correctional Services Manual, 2021 must make an application in the prescribed form, and disposed of the petition with liberty to apply and a call upon the authorities to consider the application expeditiously per the Manual's procedure.

¶1

¶2

NC: 2025:KHC:31344 WP No. 11905 of 2025

¶3

HC-KAR

¶4

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶5

DATED THIS THE 13^TH DAY OF AUGUST, 2025

¶6

BEFORE

¶7

THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 11905 OF 2025 (GM-POLICE)

¶8

BETWEEN:

¶9

MANJULA K

¶10

C/O PRASANNNA CTP 00586 AGED ABOUT 23 YEARS,

¶11

R/O CHINNAKURALI HOBALI, MANDYA, BANNANGADI, KARNATAKA-571812.

¶12

…PETITIONER

¶13

(BY SRI. SIRAJUDDIN AHMED.,ADVOCATE)

¶14

AND:

¶15

Digitally signed by VANAMALA N

¶16

Location: High Court of Karnataka

¶17

STATE OF KARNATAKA HOME DEPARTMENT, THROUGH PRINCIPAL SECRETARY VIDHANA SOUDHA, BENGALURU - 560001.

¶18

CHIEF SUPERINTENDENT CENTRAL PRISON MYSORE 570007.

¶19

…RESPONDENTS

¶20

(BY SMT.K.P. YASHODHA., AGA)

¶21

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NO.2 TO RELEASE PETITIONERS CONVICT HUSBAND PRASANNA CTP

¶22

¶23

NC: 2025:KHC:31344 WP No. 11905 of 2025

¶24

HC-KAR

¶25

00586 ON GENERAL PAROLE FOR A PERIOD OF 30 DAYS WITH FURTHER EXTENSION OF 60 DAYS ON THE GROUND THAT ILLNESS OF PETITIONER WHICH IS EVIDENT AND ISSUED BY THE PRIMARY HEALTH CENTRE ARALAKUPPE(V) PANDAVAPURA(TQ) MANDYA(D). THE PRESENCE OF HER HUSBAND WHO IS A CONVICT IS ESSENTIAL TO PROVIDE MEDICAL CARE FOR EFFECTIVE TREATMENT AND RECOVERY.

¶26

THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

¶27

CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD

¶28

ORAL ORDER

¶29

The petitioner seeks general parole for her husband who is convicted for the offences punishable under the Protection of Children from Sexual Offences Act, 2012 a nd provisions of IPC in Special Case No.189/2021 on the file of the Additional District and Sessions Judge, FTSC-1, Mysuru. The petitioner has sought for this parole on the ground that she is not feeling well; and with opportunity being extended to the respondents to file a Report, Ms.K.P.Yashodha, the learned Additional Government

¶30

3 - NC: 2025:KHC:31344 WP No. 11905 of 2025

¶31

HC-KAR

¶32

Advocate, submits that the officers from the concerned police station have visited the petitioner’s residence and it is ascertained that she is hale and healthy.

¶33

This Court therefore must refuse indulgence, but the learned counsel for the petitioner submits that the petitioner has not made any application thus far for parole and the convict will be entitled for parole if he is able to demonstrate that it would be necessary for him to be granted Parole for the purposes as contemplated under Clause 635 of the Karnataka Prisons and Correctional Services Manual, 2021 [ the Manual ]. This Court must opine that if the petitioner seeks general parole for reasons such as contemplated under Clause 635 (iii) and (iv) of the Manual, the petitioner must make an application in the prescribed form. With liberty in this regard, and calling upon the authorities to consider that application in terms of the procedure contemplated

¶34

¶35

NC: 2025:KHC:31344 WP No. 11905 of 2025

¶36

HC-KAR

¶37

under the Manual expeditiously, the petition stands

¶38

disposed of.

¶39

Sd/(B M SHYAM PRASAD) JUDGE

¶40