M N Geetha Vs State of Karnataka — Murder and Culpable Homicide | Karnataka HC (2025)

M N Geetha Vs State of Karnataka — Murder and Culpable Homicide | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Direction to the second respondent (Chief Superintendent, Central Prison, Mysuru) to grant parole to the petitioner's husband, Sri Mundodi M Nanaiah @ Nanda, subject to the terms of the Karnataka Prisons and Correctional Services Manual 2021, with conditions to ensure regular attendance marking with the jurisdictional police; liberty to file a certified copy of the order with the second respondent (including by email); future extensions require application in the prescribed form under the Manual.

Issue for consideration

Whether parole should be granted to the petitioner's husband, a life convict incarcerated for over six years, on the ground that his wife (the petitioner) suffers from illness requiring immediate surgery, notwithstanding the authorities' view that he must not be admitted to parole because he was convicted of committing the offence using arms.

Court's answer

In view of the Imprisonment Certificate showing prior parole without any recorded violation of terms, the Court was inclined to grant parole to the petitioner's husband on terms, stipulating that any request for extension of further parole must be made by application in the prescribed form under the Karnataka Prisons and Correctional Services Manual 2021.

Ratio / Principle

The second respondent, the Chief Superintendent, Central Prison, Mysuru, is directed to grant parole to the petitioner's husband, Sri Mundodi M Nanaiah @ Nanda, subject to the terms contemplated under the Karnataka Prisons and Correctional Services Manual 2021, on receipt of a certified copy of the order.

Key takeaways

The second respondent shall impose such conditions as are necessary to ensure that the petitioner's husband marks attendance regularly with the jurisdictional police during parole.ratio¶50

Detailed headnote1 paragraphs

Writ petition under Articles 226 and 227 of the Constitution by the wife of a life convict (incarcerated over six years for offences under Section 302 and other provisions of IPC and certain provisions of the Indian Arms Act, 1959) seeking direction to release him on general parole (prayer: 90 days) on medical grounds — the petitioner suffers an illness requiring immediate surgery. His parole application had been rejected, the authorities opining he must not be admitted to parole because the offence was committed using arms; however, the Imprisonment Certificate showed earlier parole with no violation of terms. Held: allowing the petition, the Court directed the Chief Superintendent, Central Prison, Mysuru to grant parole to Sri Mundodi M Nanaiah @ Nanda subject to the terms of the Karnataka Prisons and Correctional Services Manual 2021, imposing conditions for regular attendance with the jurisdictional police, and stipulated that any extension of parole requires an application in the prescribed form under the Manual.

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NC: 2025:KHC:37929 WP No. 28762 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 22^ND DAY OF SEPTEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 28762 OF 2025 (GM-POLICE)

BETWEEN:

M N GEETHA W/O MUNDODI M NANAIAH @ NANDA AGED ABOUT 48 YEARS R/AT NO 90, MARAGODU KODAGU, KARNATAKA 571252

HUSBAND OF PETITIONER

Digitally signed by VANAMALA N

Location: HIGH COURT OF KARNATAKA

MUNDODI M NANAIAH @ NANDA CTP-00807 S/O LATE MUTHAPPA AGED ABOUT 47 YEARS PRESENTLY LODGED AT CENTRAL PRISON, MYSURU 570007

…PETITIONER

(BY SRI. NAVEED AHMED Z, ADVOCATE FOR

SRI. SIRAJUDDIN AHMED, ADVOCATE)

AND:

STATE OF KARNATAKA HOME DEPARTMENT,

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NC: 2025:KHC:37929 WP No. 28762 of 2025

HC-KAR

THROUGH PRINCIPAL SECRETARY VIDHANA SOUDHA, BENGALURU 560001

CHIEF SUPERINTENDENT CENTRAL PRISON, MYSURU 570007

SHO MADIKERI RURAL P S MADIKERI 571201

JURISDICTIONAL POLICE STATION

…RESPONDENTS

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

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R2 TO RELEASE THE PETITIONERS HUSBAND MUNDODI M NANAIAH AT NANDA CTP00807 ON GENERAL PAROLE FOR A PERIOD OF 90 DAYS CITING THAT THE PETITIONERS HUSBAND WHO IS THE CONVICT PRISONER IN MYSURU CENTRAL PRISON NEED TO TAKE CARE OF HER AILING WIFE, THE PRESENCE OF THE CONVICT IS ESSENTIAL FOR PURPOSE TO LOOK AFTER HER AILING WIFE AS SHE IS SUFFERING FORM IRREGULAR BLEEDING AND OTHER SERIOUS DISEASES.

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NC: 2025:KHC:37929 WP No. 28762 of 2025

HC-KAR

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

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

The petitioner's husband is incarcerated for over six years upon conviction for life imprisonment for the offences punishable under Section 302 and other provisions of IPC and certain other provisions of the Indian Arms Act, 1959. The petitioner's husband is lodged with the second respondent, and his application for grant of parole on the ground that his wife [ the petitioner ] requires immediate medical attention is rejected.

Mr. Naveed Ahmed Z, the learned counsel for the petitioner, and Ms. K. P. Yashodha, the learned Additional Government Advocate, who is called upon to accept notice for the respondents, is heard for

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NC: 2025:KHC:37929 WP No. 28762 of 2025

HC-KAR

disposal of the petition in the light of the report dated 28.08.2025 filed by the Police Superintendent, Mysuru and the orders of the Chief Superintendent, Central Prison, Mysuru [ the second respondent ]. It emerges from these report and order that there is no dispute that the petitioner suffers from illness which requires immediate surgery, but the authorities have opined that the petitioner's husband must not be admitted to parole because he is convicted for committing offence using arms.

However, the Imprisonment Certificate indicates

that the petitioner has been admitted to parole earlier, and there is no reference to any violation of the terms. This Court, in the light of the afore is inclined to grant parole to the petitioner’s husband but on terms and stipulating that if the petitioner's husband requires any extension of further parole, he must necessarily make an application in the prescribed form under the Karnataka Prisons and

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HC-KAR

Correctional Services Manual 2021. Hence, the

following:

ORDER

a. The petition is allowed.

b. The second respondent - the Chief

Superintendent, Central Prison, Mysuru is directed to grant parole to the petitioner's husband [ Sri Mundodi M Nanaiah @ Nanda ] subject to the terms as contemplated under the Karnataka Prisons and Correctional Services Manual 2021 on receipt of a certified copy of this order.

c. The second respondent shall impose such condition as shall be necessary to ensure that the petitioner's husband [ Sri Mundodi M Nanaiah @ Nanda ] marks attendance regularly with the jurisdictional police.

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NC: 2025:KHC:37929 WP No. 28762 of 2025

HC-KAR

d. The petitioner is granted liberty, through

her learned counsel, to file a certified copy

of this order with the second respondent

[ by email: [email protected] ].

Sd/(B M SHYAM PRASAD) JUDGE

RB