Arun Kumar. K. H vs State Of Karnataka

Citation : 2025 Latest Caselaw 9817 Kant
Judgement Date : 5 November, 2025

Karnataka High Court

Arun Kumar. K. H vs State Of Karnataka on 5 November, 2025

Author: Suraj Govindaraj
Bench: Suraj Govindaraj
                                                   -1-
                                                            NC: 2025:KHC:44785
                                                          WP No. 33240 of 2025


                    HC-KAR




                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                        DATED THIS THE 5TH DAY OF NOVEMBER, 2025

                                             BEFORE
                        THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
                    WRIT PETITION NO. 33240 OF 2025 (GM-POLICE)
                   BETWEEN:

                   ARUN KUMAR. K. H.
                   S/O LATE HANUMANTHAPPA,
                   AGED ABOUT 28 YEARS,
                   KEMPATHIMANAHALLI VILLAGE,
                   KASABA HOBLI, DEVANAHALLI,
                   BANGALORE RURAL DISTRICT-562 110
                   (NOW IN CUSTODY CENTRAL PRISON, BENGALURU)

                                                                   ...PETITIONER
                   (BY SRI. KIRAN S S.,ADVOCATE)

                   AND:

                   1.   STATE OF KARNATAKA
                        REPRESENTED BY ITS SECRETARIAT,
                        DEPARTMENT OF HOME,
                        VIDHANA SOUDHA
Digitally signed        BANGALORE- 560 001
by SHWETHA
RAGHAVENDRA        2.   THE CHIEF SUPERINTENDENT
Location: HIGH          CENTRAL PRISON,
COURT OF                PARAPPANA AGHRAHARA,
KARNATAKA               BANGALORE-580 100

                   3.   THE COMMISSIONER OF POLICE
                        #5, MILLERS ROAD,
                        BANGALORE - 560052

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

                        THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
                   OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF
                                -2-
                                              NC: 2025:KHC:44785
                                          WP No. 33240 of 2025


HC-KAR



MANDAMUS BY DIRECTING THE R2/ CENTRAL PRISON, BANGALORE,
TO RELEASE THE PETITIONER ON EMERGENCY PAROLE FOR A
PERIOD OF 30 DAYS AND PRISONER CTP NO. 12165 CONVICTED BY
THE JUDGEMENT AND ORDER DATED 27.01.2021 AS PER THE ANNX-
A FOR THE OFFENCES PUNISHABLE U/SEC. 302, 504, 506 OF IPC
AND ETC.

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

CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ


                          ORAL ORDER

1. The Petitioner is before this Court seeking for the following reliefs:

i. Issue a writ of mandamus by directing the Respondent No.2/Central Prison, Bangalore, to release the Petitioner on Emergency Parole for a period of 30 days and prisoner CTP No.12165 convicted by the judgment and order dated 27.01.2021 as per the Annexure-A, for the offences punishable U/Sec 302, 504, 506 of IPC, in the interest of justice and equity.

ii. Issue such other suitable orders or direction as this Hon'ble Court deems fit and proper in the nature and circumstances of the case, in the interest of justice and equity.

2. The sister of the detenue-Arun Kumar K.H., CTP No.12165 is before this Court seeking for grant of emergency parole on the ground that the petitioner is getting married on 16.11.2025. -3-

NC: 2025:KHC:44785 WP No. 33240 of 2025 HC-KAR

3. The detenue had been convicted for the offences punishable under Sections 302, 504 and 506 of IPC in S.C.No.15018/2018 on 27.01.2021 for life imprisonment. The detenue has served a period of 6 years, 11 months, and 15 days. An appeal which has been filed by the detenue challenging the said order dated 27.01.2021 which is pending for consideration in Crl.A.No.482/2021.

4. As observed supra, the sister of the detenue is before this Court seeking for emergency parole of the detenue on account of her marriage.

5. Learned AGA was called upon to obtain instructions as to whether the marriage is in fact scheduled. On instructions she submits that the marriage of the sister of the detenue is, in fact, scheduled on 16.11.2025.

6. In that view of the matter, I am of the considered opinion that the detenue could be released on emergency parole, more so, when the imprisonment -4- NC: 2025:KHC:44785 WP No. 33240 of 2025 HC-KAR certificate indicates that the conduct of the detenue has been satisfactory. Hence, I pass the following:

ORDER i. The writ petition is allowed.
ii. Respondent No.2-the Chief Superintendent, Central Prison, Bengaluru, is directed to release Arun Kumar K.H., (CTP No.12165) on emergency parole for a period of 15 days commencing from 10.11.2025, subject to the following conditions.
a) The prisoner (CTP No.12165) 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.12165) would evade going back to -5- NC: 2025:KHC:44785 WP No. 33240 of 2025 HC-KAR the gaol, after the expiry of the period of emergency parole.
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.

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

Sd/-

(SURAJ GOVINDARAJ) JUDGE KTY List No.: 1 Sl No.: 29