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Judgment
B M Shyam Prasad, J
The petitioner's husband is incarcerated for over six years upon conviction for life imprisonment for the offences punishable under Section 302 and other provisions of IPC and certain other provisions of the Indian Arms Act, 1959. The petitioner's husband is lodged with the second respondent, and his application for grant of parole on the ground that his wife [the petitioner] requires immediate medical attention is rejected.
Mr. Naveed Ahmed Z, the learned counsel for the petitioner, and Ms. K. P. Yashodha, the learned Additional Government Advocate, who is called upon to accept notice for the respondents, is heard for disposal of the petition in the light of the report dated 28.08.2025 filed by the Police Superintendent, Mysuru and the orders of the Chief Superintendent, Central Prison, Mysuru [the second respondent]. It emerges from these report and order that there is no dispute that the petitioner suffers from illness which requires immediate surgery, but the authorities have opined that the petitioner's husband must not be admitted to parole because he is convicted for committing offence using arms.
However, the Imprisonment Certificate indicates that the petitioner has been admitted to parole earlier, and there is no reference to any violation of the terms. This Court, in the light of the afore is inclined to grant parole to the petitioner’s husband but on terms and stipulating that if the petitioner's husband requires any extension of further parole, he must necessarily make an application in the prescribed form under the Karnataka Prisons and Correctional Services Manual 2021. Hence, the following:
ORDER
a. The petition is allowed.
b. The second respondent - the Chief Superintendent, Central Prison, Mysuru is directed to grant parole to the petitioner's husband [Sri Mundodi M Nanaiah @ Nanda] subject to the terms as contemplated under the Karnataka Prisons and Correctional Services Manual 2021 on receipt of a certified copy of this order.
c. The second respondent shall impose such condition as shall be necessary to ensure that the petitioner's husband [Sri Mundodi M Nanaiah @ Nanda] marks attendance regularly with the jurisdictional police.
d. The petitioner is granted liberty, through her learned counsel, to file a certified copy of this order with the second respondent [by email: spmysore@sancharnet.in].
