- 1 - HC-KAR NC: 2026:KHC:12570 WP No. 15363 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 15363 OF 2025 (GM-POLICE) BETWEEN: 1. JAGANNA S/O. RANGAIAH, AGED ABOUT 45 YEARS, R/AT CHANNAVADARAHALLI VILLAGE, HOLAVANAHALLI HOBLI, KORATAGERE TALUK, TUMAKURU-572 129 …PETITIONER (BY SRI. KIRAN S.S., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARIAT, DEPARTMENT OF HOME, VIDHANA SOUDHA BANGALORE- 560 001 2. THE CHIEF SUPERINTENDENT CENTRAL PRISON, PARAPPANAGHRAHARA, BANGALORE- 580 100 3. THE COMMISSIONER OF POLICE 84MC JVC, SIDDALINGAIAHNA PALYA, TUMKUR KARNATAKA 572 103 …RESPONDENTS (BY SRI. SHESHU V., HCGP) Digitally signed by SHARADAVANI B Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:12570 WP No. 15363 of 2025 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-QUASHING THE ENDORSEMENT AS ANNEXURE-A ISSUED BY THE 2ND RESPONDENT DATED 30.10.2021 IN NO.BCP/J3/433/2020-21 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.8911 CONVICTED BY THE JUDGEMENT AND ORDER DATED 05/10/2016 PASSED BY THE HONBLE PRL DISTRICT AND SESSION COURT AT TUMKUR, IN S.C.NO.89/2013 FOR THE OFFENCES PUNISHABLE U/SEC. 143, 147, 148, 302, 307 R/W 149 OF IPC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER Learned Additional Government Advocate appearing for the respondents submits that the endorsement dated 30.10.2021 issued by respondent No.2, whereby the petitioner’s request for grant of parole came to be rejected, may not now survive for consideration in the present proceedings. He would point out that the said endorsement was issued nearly five years ago and was based on the circumstances then prevailing. It is further submitted that if the - 3 - HC-KAR NC: 2026:KHC:12570 WP No. 15363 of 2025 petitioner submits a fresh application seeking parole, the competent authority would consider the same independently, strictly in accordance with law, and without being influenced by the earlier endorsement dated 30.10.2021. 2. Heard the learned counsel appearing for the petitioner and the learned Additional Government Advocate. Perused the material placed on record. 3. The records disclose that the petitioner, who is undergoing sentence pursuant to the judgment of conviction and order of sentence dated 05.10.2016 passed in S.C.No.89/2013, had submitted an application seeking parole for a period of 90 days. The said request came to be rejected by respondent No.2 by issuing an endorsement dated 30.10.2021, primarily placing reliance on the report furnished by the jurisdictional Superintendent of Police objecting to the release of the petitioner on parole. 4. This Court finds considerable force in the submission made by the learned Additional Government Advocate that the endorsement impugned in the present petition is of the year - 4 - HC-KAR NC: 2026:KHC:12570 WP No. 15363 of 2025 2021 and was founded upon the factual matrix and law and order assessment prevailing at that point of time. The circumstances which weighed with the Superintendent of Police in furnishing an adverse report, and which formed the basis for rejection of parole, are matters relatable to the situation as it then existed. At this distance of time, it would neither be appropriate nor feasible for this Court to test the correctness or otherwise of such assessment in isolation, particularly when the request itself pertains to temporary release based on situational considerations. 5. In view of the statement made by the learned Additional Government Advocate that a fresh application, if submitted by the petitioner, would be considered independently and on its own merits, without reference to or being influenced by the earlier endorsement dated 30.10.2021, this Court is of the opinion that no useful purpose would be served in examining the validity of the said endorsement at this stage. 6. Accordingly, reserving liberty to the petitioner to submit a fresh application seeking parole, strictly in accordance with the applicable rules and regulations, and directing that - 5 - HC-KAR NC: 2026:KHC:12570 WP No. 15363 of 2025 such application, if filed, shall be considered by the competent authority on its own merits and in accordance with law, the writ petition stands disposed of. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE HDK List No.: 2 Sl No.: 5