Nagesh vs State Of Karnataka
2025 Latest Caselaw 5797 Kant

Karnataka High Court

Nagesh vs State Of Karnataka on 19 August, 2025

Author: B.M.Shyam Prasad

Bench: B.M.Shyam Prasad

                                           -1-
                                                       NC: 2025:KHC:32185
                                                     WP No. 15297 of 2025


                HC-KAR




               IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                     DATED THIS THE 19TH DAY OF AUGUST, 2025
                                     BEFORE
                    THE HON'BLE MR. JUSTICE B M SHYAM PRASAD
                    WRIT PETITION NO. 15297 OF 2025 (GM-POLICE)

               BETWEEN:

                     NAGESH
                     S/O. RAMACHANDRAPPA,
                     AGED ABOUT 30 YEARS,
                     R/AT - MALLAHALLI VILLAGE,
                     BETHAMANGALA, KGF-561 203
                     (NOW IN CUSTODY CENTRAL PRISON,
                     BENGALURU)
                                                    ...PETITIONER


               (BY SMT. SRILAKSHMI I.B., ADVOCATE)

               AND:


Digitally      1.    STATE OF KARNATAKA
signed by            REPRESENTED BY ITS SECRETARIAT,
VANAMALA             DEPARTMENT OF HOME,
N                    VIDHANA SOUDHA
Location:            BANGALORE- 560 001.
High Court
of Karnataka
               2.    THE CHIEF SUPERINTENDENT
                     CENTRAL PRISON,
                     PARAPPANAGHRAHARA,
                     BANGALORE- 580 100.

               3.    THE COMMISSIONER OF POLICE
                     45MC HMR, KOLAR TAMAKA,
                             -2-
                                        NC: 2025:KHC:32185
                                     WP No. 15297 of 2025


HC-KAR



       KOLAR KARNATAKA 563 103.
                                    ...RESPONDENTS
(BY SMT.K.P. YASHODHA., AGA)

        THIS WP IS FILED UNDER ARTICLES 226 AND 227

OF THE CONSTITUTION OF INDIA PRAYING TO-QUASH

THE ENDORSEMENT AS ANNEXURE-B ISSUED BY THE

2ND    RESPONDENT IN NO./CPB/CTP-SEC/22624/2024

DATED 19/03/2025 BY DIRECTING THE RESPONDENT

NO.2/CENTRAL PRISON, BANGALORE, TO RELEASE

THE PETITIONER ON PAROLE FOR A PERIOD OF 90

DAYS IN PRISONER CTP NO. 12402 CONVICTED BY THE

JUDGEMENT AND ORDER DATED 14/09/2021 PASSED

BY THE HONBLE ADDITIONAL DISTRICT AND SESSION

COURT, FTSC-1, AT KOLAR, IN S. C NO. 110/2019 FOR

THE OFFENCES PUNISHABLE U/SEC.450, 376(3) OF

IPC.

        THIS PETITION, COMING ON FOR ORDERS, THIS

DAY, ORDER WAS MADE THEREIN AS UNDER:


CORAM:     HON'BLE MR. JUSTICE B M SHYAM PRASAD
                                   -3-
                                                   NC: 2025:KHC:32185
                                             WP No. 15297 of 2025


HC-KAR



                          ORAL ORDER

The petitioner is convicted for the offences

punishable under Sections 450 and 376(3) of Indian

Penal Code and Section 6 of the Protection of

Children from Sexual Offences Act 2012 in

S.C.No.110/2019 on the file of the Additional District

and Sessions Judge, FTSC -1, Kolar. The judgment is

dated 14.09.2021, and the petitioner has filed an

appeal against the judgment of conviction and the

order of sentence in Criminal Appeal No.1622/2021.

The petitioner's bail application is still pending

consideration. It is during the pendency of this

application the petitioner has filed an application for

parole which is rejected by the impugned

Endorsement dated 19.03.2025.

This Court is of the view that given the terms of

the Karnataka Prisons and Correctional Services

Manual 2021 that the petitioner must pursue the

application filed before approaching the authorities

NC: 2025:KHC:32185

HC-KAR

for parole. With liberty in this regard, the petition

stands disposed of.

SD/-

(B M SHYAM PRASAD) JUDGE

SA ct:sr