Bhagyashree D v Vs State of Karnataka — Murder and Culpable Homicide | Karnataka HC (2025)

Bhagyashree D v Vs State of Karnataka — Murder and Culpable Homicide | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Release of detenu Arun Kumar [CTP-14067] on parole for 90 days commencing 11.12.2025 or from the date of release, whichever is later, subject to weekly attendance at the jurisdictional police station and strict conditions stipulated by the State to ensure return to gaol and commission of no offence during parole.

Issue for consideration

Whether respondent No.2 should be directed to release the petitioner's husband, detenu Arun Kumar M (CTP-14067), on general parole for 90 days to maintain the marital relationship and perform his conjugal obligations and duties. +1 more

Court's answer

The petitioner-wife's request for her husband's release on parole could have been accepted by the respondents, given that she is the wife aged 25 years asserting her right to conjugal rights and the detenu has served 3 years 8 months 13 days as on 10.08.2025.

Ratio / Principle

The adverse police report dated 18.08.2025 merely recited the detenu's earlier conviction and covered no other aspect or details, affording no substantive basis for rejecting the parole application.

Key takeaways

Writ petition allowed; the Chief Superintendent, Central Prison, Bangalore is directed to release detenu Arun Kumar [CTP-14067] on parole for 90 days commencing 11.12.2025 or from the date of release, whichever is later (depending on furnishing of surety), subject to weekly attendance-marking at the jurisdictional police station and strict conditions to be stipulated by the State to ensure return to gaol and non-commission of any offence during parole.ratio¶41

Detailed headnote1 paragraphs

Writ petition (Articles 226 & 227, Constitution of India) filed by the wife of a convict (Arun Kumar M, CTP-14067) serving a life sentence imposed on 25.11.2023 in S.C.No.15046 for offences under Sections 302 and 506 IPC, seeking 90-day general parole to maintain the marital relationship and exercise conjugal rights after the death of their child in 2021. Her parole application of 28.07.2025 had been rejected solely on an adverse police report dated 18.08.2025 that merely recited the earlier conviction. Holding that the report gave no substantive ground for rejection, and noting the petitioner's age (25), her asserted conjugal rights, the detenu's satisfactory conduct, service of 3 years 8 months 13 days as on 10.08.2025, and two earlier complaint-free court paroles, the Court allowed the petition and directed the Chief Superintendent, Central Prison, Bangalore to release the detenu on parole for 90 days commencing 11.12.2025 or from the date of release (whichever is later, depending on furnishing of surety), conditioned on weekly attendance-marking at the jurisdictional police station and strict State-stipulated conditions ensuring return to gaol.

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NC: 2025:KHC:50003 WP No. 34264 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 1^ST DAY OF DECEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 34264 OF 2025 (GM-POLICE)

BETWEEN:

BHAGYASHREE D V

W/O ARUN KUMAR M CTP-14067 AGED ABOUT 25 YEARS, R/AT DODDAMUDDENHALLI, DEVANAHALLI, PO: BIJJAWARA, BANGALORE, KARNATAKA-562110

…PETITIONER

(BY SRI. SIRAJUDDIN AHMED, ADVOCATE)

AND:

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

Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA

CHIEF SUPERINTENDENT CENTRAL PRISON BANGALORE-560100.

SHO KOLAR RURAL P.S KOLAR DISTRICT-563101. JURISDICTIONAL POLICE STATION

…RESPONDENTS

(BY SMT.K.P.YASHODHA, AGA FOR R1 TO R3)

THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NO.2 TO RELEASE THE PETITIONERS HUSBAND ARUN KUMAR M CTP14067 ON GENERAL PAROLE FOR A PERIOD OF 90 DAYS IN ORDER TO MAINTAIN MARITAL RELATIONSHIP AND TO PERFORM HIS CONJUGAL OBLIGATIONS AND CONJUGAL DUTIES THE COUPLE HAVE NO CHILDREN SINCE THEIR CHILD PASSED AWAY IN 2021.

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NC: 2025:KHC:50003 WP No. 34264 of 2025

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

ORAL ORDER

The petitioner-wife of detenu Arun Kumar.M [CTP14067] is before this Court seeking for the following reliefs;

a. Issue writ of mandamus or any other appropriate writs, orders or directions and thereby direct the respondent no.2 to release the petitioners husband Arun Kumar M CTP-14067 on general parole for a period of 90 days in order to maintain marital relationship and to perform his conjugal obligations and conjugal duties the couple have no children since their child passed away in 2021.

b. Pass such other orders which this court may deem fit and proper under the facts and circumstances of the case, in the interest of justice.

The detenu had been convicted in S.C.No.15046 for offences under Section 302, 506 of IPC by the V Additional District and Sessions Judge, Devanahalli and sentenced on 25.11.2023 with the highest of the sentence being imprisonment for life. The detenu has served a period of 3 years 8 months 13 days of

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imprisonment as on 10.08.2025 and during incarceration his conduct is said to be satisfactory.

The petitioner, wife of detenu had made an application on 28.07.2025 seeking for grant of parole for her husband on the ground that their five month old child had expired in May, 2021 and the not having any children, she has asserted her rights of conjugal rights to have a child through her husband. The said application came to be rejected on the ground of adverse police report.

A perusal of the adverse police report dated 18.08.2025 only indicates a reference to the earlier conviction made of the detenu and no other aspect has been covered or other details in the said report.

The petitioner being the wife, having asserted her right for conjugal rights and she being aged 25 years, I am of the considered opinion that the said request could have been accepted by the respondents, more so when the detenu has served 3 years 8 months and

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13 days as on 10.08.2025. The petitioner having granted two court parole on earlier occasions, there being no complaints, I pass the following:

ORDER

i) The Writ Petition is allowed .

ii) Respondent–Chief Superintendent, Central Prison, Bangalore, is directed to release the detenu- Arun Kumar [CTP-14067] on parole for a period of 90 days commencing from 11.12.2025 or from the date of release, whichever is later [depending on the furnishing of surety], subject to the following conditions: a) The prisoner- Arun Kumar [CTP-14067] 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 them to gaol, in the event, the convict would evade going

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back to the gaol, after the expiry of the period of parole.

b) Respondent No.1- State of Karnataka shall stipulate strict conditions as are usually stipulated to ensure return of the detenu to the gaol and that he shall not commit any other offence during the period of parole.

iii) The Registry is directed to communicate the order to the prison authority for its immediate execution.

SD/(SURAJ GOVINDARAJ) JUDGE

LN

List No.: 2 Sl No.: 57