Karnataka High Court
Arun Kumar. K. H vs State Of Karnataka on 5 November, 2025
Author: Suraj Govindaraj
Bench: Suraj Govindaraj
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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
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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.
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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
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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
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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
