- 1 - HC-KAR NC: 2026:KHC:7951 WP No. 4054 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 4054 OF 2026 (GM-POLICE) BETWEEN: SMT. SHOBA W/O LATE B.S.THAMMAYYA, AGED ABOUT 54 YEARS R/AT NO.103, NEAR YELLAMMA TEMPLE BIALKOPPA ADUVALLI MEGARAMAKKI NARASIMHARAJAPURA CHICKMAGALURU DISTRICT-577112. PETITIONER SON IS IN JUDICIAL CUSTODY NAME MITHUN B.T CTP NO. 01550 (NOW IS IN CUSTODY CENTRAL PRISON SHIVAMOGGA) …PETITIONER (BY SRI. H. P. LEELADHAR, ADVOCATE) AND: 1. STATE OF KARNATAKA BY BALEHONNURU POLICE STATION, CHIKKAMAGALURU-577112. Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:7951 WP No. 4054 of 2026 REP. BY SPP HIGH COURT BUILDINGS HIGH COURT OF KARNATAKA, BENGALURU-560 001. 2. ADDITIONAL CHIEF SECRETARY, DEPARTMENT OF HOME AND PRISON, VIDHANA SOUDHA, BENGALURU-560 001. 3. THE DIRECTOR GENERAL OF POLICE AND INSPECTOR GENERAL OF PRISON AND CORRECTIONAL SERVICES NO.4 SESHADRI ROAD, BENGALURU-560 001. 4. THE CHIEF SUPERINTENDENT CENTRAL PRISON SHIVAMOGGA-577112. 5. THE SUPERINTENDENT OF POLICE CHIKKAMAGALURU CHIKKAMAGALURU DISTRICIT-577112. …RESPONDENTS (BY SRI. SARITHA KULKARNI, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF CERTIORARI OR ORDER OR DIRECTION IN THE FORM OF WRIT, TO QUASH THE ENDORSEMENT ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER IN NO.KENKASHI(JE) 2874/2025-26 DATED 23/27 10/2025 UNDER ANNEXURE-A IN THE ENDS OF JUSTICE; ISSUE WRIT OF MANDAMUS ORDER OR DIRECTION IN THE FORM OF WRIT, TO DIRECT THE 4TH RESPONDENT THE CHIEF SUPERINTENDENT OF - 3 - HC-KAR NC: 2026:KHC:7951 WP No. 4054 of 2026 POLICE CENTRAL PRISON SHIVAMOGGA TO GRANT 3 MONTHS GENERAL PAROLE TO CONVICT (CTP NO.01550) I.E., MITHUN. B.T S/O LATE THAMMALAH GOWDA ON SUCH TERMS AND CONDITIONS IN THE ENDS OF JUSTICE. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioner's son [Mr. Mithun B. T, CTP.No.01550] is in custody on conviction for the offence punishable under Section 302 of the Indian Penal Code in S.C.No.11/2020 on the file of the II Additional District and Sessions Judge, Chikkamagaluru. The petitioner is aggrieved because the application to admit her son to general parole is rejected by the Chief Superintendent, Central Prison, Shivamogga [the fourth respondent] vide the impugned Endorsement dated 23/27.10.2025. The fourth respondent has issued the impugned Endorsement referring to the Circular dated 25.01.2022 and recording that if the petitioner's son - 4 - HC-KAR NC: 2026:KHC:7951 WP No. 4054 of 2026 is admitted to parole, the informant's life would be put to risk. Mr. H. P. Leeladhar, the learned counsel for the petitioner, submits that [a] this Court has admitted the petitioner's son to parole in terms of the order dated 02.12.2024 in W.P.No.32080/2024, [b] the petitioner's son has returned to prison without any reason for complaint, and [c] his conduct even on his return has been blemishless. The learned counsel submits that notwithstanding these circumstances, the impugned Endorsement is issued. Ms. Saritha Kulkarni, a learned Additional Government Advocate, who is called upon to accept notice for the respondents, is heard. in the light of the afore. This Court must opine that the fourth respondent's reference to the Circular may not be very germane but in any event the fourth respondent could not have rejected the application for parole because the consideration of such application has to - 5 - HC-KAR NC: 2026:KHC:7951 WP No. 4054 of 2026 be by the Director General of Prisons and Correctional Services under the Karnataka Prisons and Correctional Services Manual 2021. This Court must refer to this Court's order dated 19.08.2025 in W.P.No.11541/2025. In the light of the afore, the following: ORDER [a] The learned counsel for the petitioner shall forward a copy of this order along with the annexures appended to this petition to the Chief Superintendent, Central Prison, Shivamogga [the fourth respondent] over Email [cpsmg.prisons-kar@gov.in]. [b] The fourth respondent, immediately after receipt of such E-mail and in any event within three [3] working days shall forward the same to the office of the Director General of - 6 - HC-KAR NC: 2026:KHC:7951 WP No. 4054 of 2026 Prisons and Correctional Services for due consideration. [c] The Director General of Prisons and Correctional Services shall within three [3] weeks from the date of receipt of the documents from the fourth respondent, communicate the decision to the petitioner. SD/- (B M SHYAM PRASAD) JUDGE RB