Karnataka High Court
Mahesh N vs State Of Karnataka on 11 November, 2025
Author: Suraj Govindaraj
Bench: Suraj Govindaraj
-1-
NC: 2025:KHC:45798
WP No. 31104 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF NOVEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO. 31104 OF 2025 (GM-POLICE)
BETWEEN:
MAHESH N
S/O NANJUNDAIAH,
AGED ABOUT 33 YEARS,
HOUSE OF SMT. BHAGYAMMA,
2ND CROSS, ROTARYNAGAR, KODICHIKKANAHALLI,
BANGALORE- 560 076,
PERMANENT ADDRESS
MADAVADI GRAMA, TALAKADU HOBLI,
T NARASIPURA TALUK, MYSORE- 571 122.
...PETITIONER
(BY SRI. KIRAN S S, ADVOCATE)
AND:
1. STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARIAT,
Digitally signed DEPARTMENT OF HOME,
by SHWETHA VIDHANA SOUDHA
RAGHAVENDRA BANGALORE- 560 001
Location: HIGH
COURT OF
KARNATAKA 2. THE CHIEF SUPERINTENDENT
CENTRAL PRISON,
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:45798
WP No. 31104 of 2025
HC-KAR
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF
CERTIORARI BY QUASHING THE ENDORSEMENT AS ANNX-B ISSUED
BY THE R2 DTD 18.09.2025, NO./CPB/CTP/-SEC/12089/2025, BY
DIRECTING THE R2/CENTRAL PRISON, BANGALORE, TO RELEASE
THE PETITIONER ON EMERGENCY PAROLE FOR A PERIOD OF 30
DAYS IN PRISONER CTP NO.9905 CONVICTED BY THE JUDGMENT
AND ORDER DTD 17.11.2017 FOR THE OFFENES PUNISHABLE
U/SEC.302,376,201 OF IPC AND 6 OF POCSO ACT 2012 AND ETC.
THIS WRIT 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
1. The brother of the detenu Mahesh N CTP 9905 is
before this Court seeking for the following reliefs:
a. Issue a Writ of Certiorari by quashing the endorsement
as ANNEXURE-B issued by the 2nd Respondent dated
18/09/2025, No./CPB/CTP/-Sec/12089/2025, by directing
the Respondent No.2/Central Prison, Bangalore, to
release the Petitioner on emergency parole for a period of
30 days in prisoner CTP No.9905 convicted by the
judgement and order dated 17/11/2017 for the offences
punishable U/sec. 302, 376, 201 of IPC and 6 of POCSO
Act 2012 Vide Annexure-A, in the interest of justice and
equity.
b. 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 detenu has been convicted for offence under
Section 302 OF IPC, Section 6 of POCSO Act, 2012
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read with Section 376 of IPC and under Section 201
of IPC, and sentenced on 18.11.2017, highest of the
sentence being the imprisonment for life. The
detenu has spent a period of 11 years, 7 months and
20 days as on 03.04.2025 and has been granted
court parole on two earlier occasions. The application
filed by the detenu for parole was rejected on the
ground that the detenu was involved in offence under
POCSO Act and 376 IPC. In that background,
petitioner is before this Court.
3. Learned AGA once again reiterates that the detenu
has been convicted for offences under Section 6 of
POCSO Act, 2012 and 376 IPC, parole could not be
granted.
4. This Court had on two earlier occasions granted
parole to the detenu. During this time, there was no
complaint against the detenu and the detenu has
surrendered himself to the jail authorities. In that
view of the matter, I do not find any reason not to
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grant parole to the detenu on this occasion. Hence, I
pass the following
ORDER
i) The Writ Petition is allowed.
ii) Respondent No.2-Chief Superintendent, Central
Prison, Bangalore, is directed to release
Mahesh N CTP 9905 on parole for a period of 60
days commencing from 17.11.2025 or from the
date of release, whichever is earlier, subject to
the following conditions:
a) The prisoner 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
back to the gaol, after the expiry of the
period of parole.
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b) Respondent No.1 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
PRS
