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2026 DAILYLAW 11208 (KAR)

MRS. SUMATHI MANOKARAN v. THE STATE OF KARNATAKA

WP/12306/2026 · 2026-04-21

Sachin Shankar Magadum

Transfer Petitionbody2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:21436 WP No. 12306 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 12306 OF 2026 (GM-POLICE) BETWEEN: MRS. SUMATHI MANOKARAN W/O MANOKARAN, AGED ABOUT 34 YEARS, R/AT. 659, KANAGARAJ VATTAM, JANGALAPURAM, THIRUPATTUR, ATHURKUPPAM, VELLORE, TAMIL NADU - 635 852. (MOTHER OF CONVICT PRISONER ANJI M (CTP NO: 12815) …PETITIONER (BY SRI. GIRISH R, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS ADDITIONAL CHIEF SECRETARY, VIDHANA SOUDHA, DEPARTMENT OF HOME AND PRISON, BENGALURU - 560 001. 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, Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:21436 WP No. 12306 of 2026 BENGALURU - 560 009. …RESPONDENTS (BY SRI. K.P.YOGANNA, AGA) THIS W.P. 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 PETITIONER'S SON, SRI ANJI M (CTP NO.12815) IN ACCORDANCE WITH THE PROVISIONS OF THE KARNATAKA PRISONS RULES AND ETC., 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 The captioned writ petition is filed seeking emergency parole on the premises that the convict has complained of chest pain and therefore, emergency parole is sought. 2. Heard learned counsel for the petitioner and learned AGA. Perused the Imprisonment Certificate and also the opinion of the Chief Medical Officer of Central Prison, Bengaluru. 3. The records would disclose that the Chief Medical Officer, upon clinical examination of the detenue, has - 3 - HC-KAR NC: 2026:KHC:21436 WP No. 12306 of 2026 recorded that the convict had complained of chest pain and, on being subjected to an ECG, abnormal changes were noticed. In view of the said findings, the Medical Officer has unequivocally opined that the detenue requires further evaluation and appropriate treatment at a higher medical facility. The medical opinion, therefore, clearly indicates that the condition of the detenue is not routine in nature and warrants immediate medical attention. 4. It is also not in dispute that the detenue has undergone incarceration for nearly ten years. The objection of the respondents that one more criminal case is pending against the detenue. In the considered view of this Court, pendency of one more criminal case cannot be pressed into service as an absolute bar to deny emergency parole, particularly when the request is founded on medical exigency supported by contemporaneous medical records. The report of the Chief Medical Officer, which is placed on record as Annexure–C, lends credence to the petitioner’s claim that the detenue is in need of urgent - 4 - HC-KAR NC: 2026:KHC:21436 WP No. 12306 of 2026 medical evaluation. In that view of the matter, this Court is satisfied that the petitioner has made out a justifiable and bona fide ground for grant of emergency parole. 5. In the backdrop of the aforesaid facts and the settled principles governing grant of parole on medical grounds, this Court proceeds to pass the following: ORDER (i) The writ petition is allowed; (ii) A writ in the nature of mandamus is issued directing the respondents to release the petitioner’s son, namely Sri Anji M (CTP No.12815), on emergency parole for a period of fifteen (15) days from the date of his actual release, subject to the detenue furnishing two sureties to the satisfaction of the competent authority; (iii) The release shall be subject to the detenue furnishing an undertaking before the jurisdictional prison authorities that he shall maintain good conduct during the period of parole and shall not indulge in any unlawful activities; - 5 - HC-KAR NC: 2026:KHC:21436 WP No. 12306 of 2026 (iv) The respondents are at liberty to impose stringent and necessary conditions, including requiring the detenue to periodically report before the jurisdictional police, regulating his movement, and ensuring that he does not, directly or indirectly, establish any contact with the victim or the victim’s family members; (v) The detenue shall surrender before the jurisdictional prison authorities immediately upon expiry of the parole period, without seeking any extension, failing which the authorities shall be at liberty to take appropriate action in accordance with law; (vi) Any violation of the conditions imposed herein or by the competent authority shall entail immediate cancellation of parole; (vii) The Registry is directed to forthwith communicate this order to the concerned prison authorities, including through electronic mode, to ensure prompt compliance. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 18