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2026 DAILYLAW 15922 (KAR)

BALAKONDAIAH v. THE STATE OF KARNATAKA

WP/14179/2026 · 2026-04-29

Sachin Shankar Magadum

Transfer Petitionbody2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:24107 WP No. 14179 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.14179 OF 2026 (GM-POLICE) BETWEEN: 1. BALAKONDAIAH S/O B KONDAIAH AGE 35 YEARS R/AT GOVERNMENT QG NO.99/6 MEANEE LINE MEG AND CENTRE HALASURU, BENGALURU - 560008 (CTP 10173, PRESENTLY ON PAROLE) …PETITIONER (BY 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 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 - 560009 …RESPONDENTS (BY SRI.K.P.YOGANNA, AGA) Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:24107 WP No. 14179 of 2026 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION DIRECTING THE RESPONDENTS TO CONSIDER AND GRANT EXTENSION OF PAROLE TO THE PETITIONER, NAMELY BALAKONDAIAH (CTP NO.10173), IN ACCORDANCE WITH THE PROVISIONS OF THE KARNATAKA PRISONS RULES AND ON HUMANITARIAN AND MEDICAL GROUNDS 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 This writ petition is filed seeking extension of the parole granted by respondent No.2 for a period of 60 days, which would expire today. 2. Learned counsel appearing for the petitioner, reiterating the grounds urged in the writ petition, would submit that the convict has been granted parole earlier on account of his bona fide requirement of undertaking construction of a residential house. It is contended that the competent authorities, having been satisfied with the said - 3 - HC-KAR NC: 2026:KHC:24107 WP No. 14179 of 2026 reason, had granted parole for a period of 30 days on two separate occasions, aggregating to 60 days. It is further submitted that the construction work is still incomplete and, therefore, the petitioner sought a further extension of parole for an additional period of 30 days. However, the said request has been rejected by respondent No.3 – Director General, without due consideration of the material placed on record. 3. Per-contra, learned Additional Government Advocate, placing reliance on the rejection order dated 25.04.2026, would seek to justify the action of the respondents. However, on a pointed query made by this Court, learned AGA fairly submits that the impugned order does not disclose any reasons for rejection. It is also not in dispute that the petitioner had earlier been granted parole on two occasions for valid and substantiated reasons, and that the said parole periods were availed without any adverse report. The material placed on record, particularly Annexure-C, which contains photographic evidence of the - 4 - HC-KAR NC: 2026:KHC:24107 WP No. 14179 of 2026 construction activity undertaken by the petitioner/convict, lends credence to the claim that the purpose for which parole was granted still subsists. 4. Having regard to the aforesaid facts and circumstances, and in the absence of any cogent reasons assigned in the impugned rejection order, this Court is of the considered view that the petitioner has made out a case for grant of one final extension of parole for a limited period. Accordingly, this Court, in exercise of its writ jurisdiction, deems it appropriate to extend the parole for a further period of 30 days, subject to stringent conditions. It is, however, made clear that no further extension shall be sought or granted on any ground whatsoever. 5. For the foregoing reasons, this Court proceeds to pass the following; ORDER (i) The writ petition is hereby allowed. - 5 - HC-KAR NC: 2026:KHC:24107 WP No. 14179 of 2026 (ii) The parole granted to the convict, namely Balakondaiah, bearing CTP No.10173, is extended for a further period of 30 (thirty) days from the date of his release pursuant to this order. (iii) The release of the detenue shall be subject to his furnishing a written undertaking before the jurisdictional prison authorities, affirming that he shall maintain good conduct during the parole period and shall not indulge in any unlawful or prejudicial activities. (iv) The respondent-authorities shall impose stringent conditions while releasing the detenue on parole, including but not limited to: requiring the detenue to mark his attendance before the jurisdictional police at regular intervals; restricting his movement to a specified territorial jurisdiction; ensuring that the detenue does not, directly or indirectly, establish any contact with the victim or the victim’s family members. - 6 - HC-KAR NC: 2026:KHC:24107 WP No. 14179 of 2026 (v) The detenue shall mandatorily surrender before the jurisdictional prison authorities immediately upon expiry of the extended parole period, without fail. (vi) In the event of breach or violation of any of the conditions imposed, the parole granted under this order shall stand liable for immediate cancellation, apart from such other action as may be permissible in law. (vii) The Registry is directed to communicate this order forthwith to the concerned prison authorities, including through electronic mode, to ensure prompt implementation. (viii) The surety furnished by the petitioner at the time of availing the earlier extension of parole shall continue to remain in force and shall be accepted for the present extension period as well. (ix) Learned Additional Government Advocate shall forthwith communicate this order to respondent Nos.2 and 3 and ensure - 7 - HC-KAR NC: 2026:KHC:24107 WP No. 14179 of 2026 necessary steps are taken for immediate compliance Sd/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 38