Karnataka High Court
N.C. Mukundan vs State Of Karnataka on 13 August, 2025
Author: B M Shyam Prasad
Bench: B M Shyam Prasad
-1-
NC: 2025:KHC:31339
WP No. 12512 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF AUGUST, 2025
BEFORE
THE HON'BLE MR. JUSTICE B M SHYAM PRASAD
WRIT PETITION NO. 12512 OF 2025 (GM-POLICE)
BETWEEN:
N.C. MUKUNDAN
S/O N.N CHIKKANNA,
AGED ABOUT 46 YEARS,
NO. 14, 5TH CROSS,
6TH MAIN ROAD, SVG NAGAR,
NAGARABHAVI MAIN ROAD,
BANGALURU-560 072.
...PETITIONER
(BY SRI. KIRAN S S., ADVOCATE)
AND:
1. STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARIAT,
DEPARTMENT OF HOME,
Digitally VIDHANA SOUDHA
signed by
VANAMALA BANGALORE- 560 001.
N
Location: 2. THE CHIEF SUPERINTENDENT
High Court
of CENTRAL PRISON,
Karnataka PARAPPANAGHRAHARA,
BANGALORE- 580 100.
3. THE COMMISSIONER OF POLICE
ALI ASKER ROAD, VASANTH NAGAR,
BANGALORE- 560 001.
...RESPONDENTS
(BY SMT.K.P. YASHODHA., AGA)
-2-
NC: 2025:KHC:31339
WP No. 12512 of 2025
HC-KAR
THIS WP IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
THE ENDORSEMENT AS ANNX-B ISSUED BY THE R2
DATED 14/04/2025 BY DIRECTING THE R2/ CENTRAL
PRISON, BANGALORE TO RELEASE THE PETITIONER
ON EMERGENCY PAROLE FOR A PERIOD OF 30 DAYS
IN NO. /CPB/CTP-SEC/765/2025 AND PRISONER CTP
NO. 13975 CONVICTED BY THE JUDGMENT AND
ORDER DATED 10/10/2017 FOR THE OFFENCES
P/U/S 138 N.I. ACT.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE
THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD
ORAL ORDER
The petitioner is convicted for the offence
punishable under the Negotiable Instruments Act,
1881 in C.C.No.13872/2008 on the file of the XVI
Additional C.M.M., Bengaluru City. The petitioner
seeks Emergency Parole contending that his mother
has died on 09.08.2025. In support of this request,
Mrs.Kiran S.S., the learned counsel for the petitioner,
NC: 2025:KHC:31339
HC-KAR
has filed a memo dated 13.08.2025 enclosing a copy
of the "Death Summary".
Mrs. K P Yashodha, the learned Additional
Government Advocate, on instructions from the
concerned, submits that the reasons cited by the
petitioner is verified through the concerned
Superintendent of Police and it is found genuine.
The learned Additional Government Advocate also
emphasizes that the convict has not filed an
application as is required under the Karnataka
Prisons and Correctional Services Manual, 2021 [for
short, 'the Manual'] in Form No.11.
This Court is of the considered view that the
petitioner's request must be favourably considered as
the reasons cited is one of the grounds for which
Emergency Parole can be granted. However, this
Court must observe that if there is any occasion for
the convict to seek any Emergency Parole in future,
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HC-KAR
the convict must first file an application in Form
No.11 enclosing a Certificate as is required under
Clause - 645[2] of the Manual observing that if such
application is filed, the concerned Chief
Superintendent/Superintendent of Police shall take
necessary measures for due consideration.
This Court is also of the view that, for any
reason, the convict is unable to file an application in
Form No.11, the petitioner [or the convict's
spouse/children/parent] shall make a formal request
over e-mail ID: [email protected] addressed to
Chief Superintendent, Central Prison, Parappana
Agrahara, Bangalore - 560 100 along with a
Certificate as required and that the concerned Chief
Superintendent/Superintendent of Police shall take
necessary measures. Hence, the following:
ORDER
The petition is allowed directing the
second respondent to grant Emergency
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HC-KAR
Parole to the convict immediately upon
receipt of a copy of this order subject to the
terms in the Manual on offering deposit/an
undertaking and a satisfactory surety.
SD/-
(B M SHYAM PRASAD)
JUDGE
SA
ct:sr
