Bojja Bala Gurramma Vs the State of Karnataka

¶1

1 - NC: 2026:KHC:35664 WP No. 18662 of 2026

¶2

HC-KAR

¶3

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶4

DATED THIS THE 14^TH DAY OF JULY, 2026

¶5

BEFORE

¶6

THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.18662 OF 2026 (GM-POLICE)

¶7

BETWEEN:

¶8

BOJJA BALA GURRAMMA, W/O BOJJA BALA KONDAIAH, AGE 35 YEARS, R/AT NAGALAKUNTLA, SANCHARALA, RAMESWARAM, CUDDAPAH, ANDRA PRADESH - 516 193. (WIFE OF CONVICT PRISONER BALAKONDAIAH (CTP NO:10173)

¶9

…PETITIONER

¶10

(BY SRI. GIRISH R., ADVOCATE)

¶11

AND:

¶12

Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA

¶13

THE STATE OF KARNATAKA, BY ITS ADDITIONAL CHIEF SECRETARY, DEPARTMENT OF HOME AND PRISON, VIDHANA SOUDHA, BENGALURU - 560 001.

¶14

CHIEF SUPERINTENDENT, CENTRAL PRISON, PARAPPANA AGRAHARA, BENGALURU - 560 100.

¶15

DIRECTOR GENERAL OF POLICE AND INSPECTOR, GENERAL OF PRISON AND

¶16

2 -

¶17

NC: 2026:KHC:35664 WP No. 18662 of 2026

¶18

HC-KAR

¶19

CORRECTIONAL SERVICES, NO.04, SESHADRI ROAD, BENGALURU - 560 009.

¶20

…RESPONDENTS

¶21

(BY SRI.MOHAMMED JAFAR SHAH, AGA)

¶22

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION, DIRECTING THE RESPONDENTS TO CONSIDER AND GRANT EMERGENCY PAROLE TO THE PETITIONERS HUSBAND, SRI BALAKONDAIAH (CTP NO. 10173), IN ACCORDANCE WITH THE PROVISIONS OF THE KARNATAKA PRISONS RULES AND ETC.,

¶23

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

¶24

ORAL ORDER

¶25

1. The petitioner, wife of Bala Kondaiah S/o B.Kondaiah

¶26

CTP No.10173 is before this Court seeking for the following reliefs:

¶27

“Wherefore, the petitioner most respectfully prays that this Hon'ble court be pleased to:

¶28

a) Issue a writ of mandamus any other appropriate writ, order or direction, directing the Respondents to consider and grant Emergency Parole to the Petitioner's Husband, Sri Balakondaiah (CTP No: 10173), in accordance with the provisions of the Karnataka Prisons Rules;

¶29

3 - NC: 2026:KHC:35664 WP No. 18662 of 2026

¶30

HC-KAR

¶31

b) Pass an order or direction in the nature of a writ of mandamus directing Respondent No. 2 to release the Petitioner's husband, Balakondaiah (CTP No: 10173), on Emergency Parole;

¶32

c) Also grant any additional order/direction that this Hon'ble court may deem fit to grant under the facts and circumstances in the interest of justice and Equity.”

¶33

2. The detenue had been convicted for the offences

¶34

punishable under Section 376 of IPC along with Sections 3 and 4 of POCSO Act. On 28.02.2018, in Special CC.No.512/2017 by LIII Additional City Civil

¶35

and Session Judge, Bengaluru, which came to be modified by this Court in Crl.A.No.843/2018 dated 11.12.2023, the highest of the sentence being 14 years of imprisonment, the detenue has been incarcerated for a period of 8 years, 0 months and 5 days and during that time, he has been granted parole on one earlier occasion for three months.

¶36

3. The petitioner is before this Court contending that

¶37

the detenue’s mother is suffering from critical renal

¶38

4 -

¶39

NC: 2026:KHC:35664 WP No. 18662 of 2026

¶40

HC-KAR

¶41

function and spinal cord problem and she has been advised to undergo specialty treatment and in that basis, the petitioner is before this Court seeking for emergency parole for the detenue.

¶42

4. Taking into consideration the medical certificate, which has been produced as also taking into consideration that there is no complaint against the detenue, and his conduct is satisfactory during his incarceration, as also that he had been granted parole on one earlier occasion, which terms and conditions the detenue has satisfied, I am of the considered opinion that the detenue would be entitled for emergency parole for a period of 15 days.

¶43

5. As such, I pass the following

¶44

ORDER

¶45

i. The writ petition is allowed .

¶46

ii. Respondent No.2-the Chief Superintendent, Central Prison, Bengaluru, is directed to release

¶47

5 - NC: 2026:KHC:35664 WP No. 18662 of 2026

¶48

HC-KAR

¶49

Balakondaiah (CTP No.10173) on emergency parole for a period of 15 days commencing from 20.07.2026, subject to the following conditions.

¶50

a) The prisoner (CTP No.10173) 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.10173) would evade going back to the gaol, after the expiry of the period of emergency parole.

¶51

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

¶52