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2026 DAILYLAW 1029 (KAR)

MRS AVULA BHARATHI v. THE STATE OF KARNATAKA

WP/5598/2026 · 2026-02-23

B M Shyam Prasad

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:11016 WP No. 5598 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 5598 OF 2026 (GM-POLICE) BETWEEN: MRS AVULA BHARATHI W/O AVULA RAJU @ RAJU A, AGED ABOUT 34 YEARS, R/AT MALLURU VARI PALLI, THUMMANAMGUTTA, CHITTOOR, ANDHRA PRADESH-517351. (DAUGHTER-IN-LAW OF CONVICT PRISONER NAGARAJU (CTP NO 13806) …PETITIONER (BY SRI. S. SHEHINSHA ALI, ADVOCATE FOR SRI. GIRISH R, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS ADDITIONAL CHIEF SECRETARY, DEPARTMENT OF HOME AND PRISON, VIDHANA SOUDHA, BENGALURU 560 001 Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:11016 WP No. 5598 of 2026 2. CHIEF SUPERINTENDENT, CENTRAL PRISON, PARAPPANA AGRAHARA, BENGALURU 560 100 3. DIRECTOR GENERAL OF POLICE AND INSPECTOR, GENERAL OF PRISON AND CORRECTIONAL SERVICES, NO.04, SESHADRI ROAD, BENGALURU 560 009 …RESPONDENTS (BY SRI. B. RAVINDRANATH, AGA ) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER AND GRANT EMERGENCY PAROLE TO THE PETITIONERS FATHER -IN-LAW SRI. NAGARAJU (CTP NO. 13806) IN ACCORDANCE WITH THE PROVISION OF THE KARNATAKA PRISONS RULES; DIRECT THE R2 TO RELEASE THE PETITIONERS FATHER -IN-LAW SRI. NAGARAJU (CTP NO. 13806) ON EMERGENCY PAROLE. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:11016 WP No. 5598 of 2026 CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioner's father-in-law is undergoing sentence upon his conviction and on his behalf, an E-mail is addressed to the second respondent for Emergency Parole on medical grounds. The E-mail is dated 16.02.2026 and it refers to the convict's medical condition and a Communication addressed by the Chief Medical Officer. Mr. S. Shehinsha Ali, the learned counsel for the petitioner, argues in support of the petitioner's request for Emergency Parole relying upon the same asserting that no action has been taken. Mr. B. Ravindranath, a learned Additional Government Advocate, who is called upon to accept notice for the respondents, cannot deny that when an application for Emergency Parole is filed, the Chief Superintendent [the second respondent] must verify the genuineness of the certificate over wireless or - 4 - HC-KAR NC: 2026:KHC:11016 WP No. 5598 of 2026 over E-mail and communicate the decision at the earliest as required under the Karnataka Prisons and Correctional Services Manual - 2021. As such, the petition stands disposed of reserving liberty to the petitioner to file a certified copy of this order over E-mail to the second respondent, who is called upon to communicate the decision on the pending application by 27.02.2026. SD/- (B M SHYAM PRASAD) JUDGE RB