Nandeesha. G Vs State of Karnataka

THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER OF R2 DATED 22.04.2025 BCP/CTP-SEC/1160/2025 AT ANNEXURE-A AND RELEASE PETITIONER’S BROTHER ON PAROLE.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

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ORAL ORDER

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The petitioner is the brother of the detenue – Ashoka,

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CTP No.12713. He is before this Court seeking for the following reliefs:

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"a. Issue a writ, direction or order in the nature of Writ of Certiorari and quash the order of Respondent no.2 dated 22.04.2025 BCP/CTPSec/1160/2025 at Annexure ‘A’ and release petitioner’s brother on parole.

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b. Any other order that this honorable court deems fit in the interests of justice, equity and good conscience."

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The detenue was convicted in Special S.C.No.74/2021 by

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the Additional District and Sessions Judge, FTSC-1 at Chikkaballapura, for offences under Section 5(m) of the Protection of Children from Sexual Offences (POCSO) Act,

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3 - NC: 2025:KHC:49896 WP No. 17269 of 2025

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HC-KAR

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2012 and Section 67B of the Information Technology Act, 2000 and was sentenced on 15.03.2022. The highest of the sentence being that for 20 years imprisonment.

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The detenue had made an application for grant of parole on the ground that the house of the detainee requires repair and in support thereof photographs had also been furnished, which has been produced before this Court. The said application has been rejected on account of an adverse police report. Therefore, the petitioner is before this Court seeking parole.

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Learned Additional Government Advocate submits that the adverse police report indicates the offences which have been committed by the petitioner and it is on that ground that the application for parole has been rejected.

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On perusal of the police report does not indicate any danger to the victim of the offences or any danger to the petitioner from the victim of the offences committed by the detainee. The photographs which have been produced before this Court clearly indicate that the house of the petitioner is in dilapidated condition requiring

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4 - NC: 2025:KHC:49896 WP No. 17269 of 2025

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HC-KAR

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immediate attention. The only person residing in the said house being the wife of the detenue and the presence of the petitioner is required for renovation of the house as the detenue’s wife is not able to carry out repair works. In that view of the matter, I pass the following:

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ORDER

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(i) The writ petition is allowed .

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(ii) Respondent No.2 - the Chief Superintendent of Police, Central Prison, Bengaluru, is directed to release Ashoka (CTP No.12713) on parole for a period of 30 days commencing from 08.12.2025, subject to the following conditions:

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a) The prisoner (CTP No.12713) shall mark his attendance in the jurisdictional Police Station, weekly once throughout the period of his parole and it would be the responsibility of the jurisdictional Police to take him to gaol, in the event, the convict (CTP No.12713) would evade going back to the gaol, after the expiry of the period of general parole.

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