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2026 DAILYLAW 19046 (KAR)

MRS. VIJAYA KUMARI v. STATE OF KARNATAKA

WP/10833/2026 · 2026-06-02

Suraj Govindaraj

Transfer Petitionbody2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:25700 WP No. 10833 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 10833 OF 2026 (GM-POLICE) BETWEEN: MRS. VIJAYA KUMARI W/O. K.SHIVA, AGED ABOUT 49 YEARS, R/AT 48/661, ANNAMMA PALYA ROAD, HOSAPALYA ROAD, GOVERNMENT SCHOOL, BANGALORE SOUTH, BANGALORE-560 068. (WIFE OF SHIVA K, S/O. KRISHNAN, HAVING CTP NO.11210 NOW IN CUSTODY CENTRAL PRISON, BENGALURU) …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, PARAPPAN AGHRAHARA, BANGALORE- 580 100 3. THE COMMISSIONER OF POLICE ALI ASKER ROAD, VASANTH NAGAR, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:25700 WP No. 10833 of 2026 BENGALURU-560 001. …RESPONDENTS (BY SRI DEVARAJ C.H., GA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI BY QUASHING THE ENDORSEMENT AS ANNX-B ISSUED BY THE R2 ENDORSEMENT NO. BCP/J3/150/2026 DATED 24.01.2026 BY DIRECTING THE R2/ CENTRAL PRISON BANGALORE TO RELEASE THE PETITIONER ON PAROLE FOR A PERIOD OF 90 DAYS IN PRISONER CTP NO. 11210 CONVICTED BY THE JUDGEMENT AND ORDER DATED 16.04.2019 AS PER THE ANNX-A FOR THE OFFENCES PUNISHABLE 143, 147, 148, 120 (B), 302 R/W SEC. 149 OF IPC AND SEC 3(2)(V) OF SC AND ST (POA) ACT AND ETC. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The wife of Petitioner-K.Shiva (CTP.No.11210) is before this Court seeking for the following reliefs: a) Issue writ of certiorari by quashing the endorsement as Annexure-B issued by the 2nd respondent endorsement No.BCP/J3/150/2026 dated 24.01.2026 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.11210 convicted by the judgment and order dated 16.04.2019 as per the Annexure-A for the offences punishable 143, 147, 148, 120(B), 302 r/w Sec. 149 of IPC and Section 3(2)(4) of SC & ST (POA) Act. (b) Issue such other suitable orders or direction as this Hon’ble Court deems fit and proper in the - 3 - HC-KAR NC: 2026:KHC:25700 WP No. 10833 of 2026 nature and circumstances of the case, in the interest of justice and equity. 2. The detenu-K.Shiva had been convicted in S.C.No.891/2017 for the offence punishable under Section 302 read with Section 149 of IPC by the LXX Additional City Civil and Sessions Judge & Special Judge, Bengaluru City and sentenced on 16.04.2019 with the highest of the sentence being imprisonment for life. The detenu has been in custody from 12.02.2017 to 19.04.2019 as an undertrial. He has served a period of 8 years 2 months 23 days of imprisonment as on 01.11.2025 and his conduct in jail is said to be satisfactory. The petitioner having made an application for parole on the ground that the detenu is required to help out with the construction activities of the house, the same came to be rejected. 3. A perusal of the imprisonment certificate dated 04.11.2025 indicates that the detenu had been - 4 - HC-KAR NC: 2026:KHC:25700 WP No. 10833 of 2026 granted parole on two earlier occasions for a total period of 5 months 28 days. After completing the parole, on both occasions, the detenu has surrendered to the jail Authorities. There was no complaint during the period of parole as also the conduct of the detenu during his incarceration is stated to be satisfactory. 4. In that view of the matter, considering that the detenu had already been granted parole on two earlier occasions, this Court is of the opinion that the grant of parole being part of a larger scheme of reintegration of a convict into society, so long as there are no complaints against the detenu and that there is no danger of the detenu causing any harm to any other person or indulging in any other offences, a parole is required to be granted. Hence, this Court passes the following: ORDER i) The Writ Petition is allowed. - 5 - HC-KAR NC: 2026:KHC:25700 WP No. 10833 of 2026 ii) Respondent–Chief Superintendent, Central Prison, Bangalore, is directed to release the detenu-K.Shiva on parole for a period of 90 days commencing from 23.06.2026, subject to the following conditions: a) The prisoner-K.Shiva shall mark his attendance in the jurisdictional Police Station, weekly once throughout the period of his parole and it would be the responsibility of the jurisdictional Police to take them to gaol, in the event, the convict would evade going back to the gaol, after the expiry of the period of parole. b) Respondent No.1- State of Karnataka shall stipulate strict conditions as are usually stipulated to ensure return of the detenu to the gaol and that he shall not commit any other offence during the period of parole. - 6 - HC-KAR NC: 2026:KHC:25700 WP No. 10833 of 2026 iii) The Registry is directed to communicate the order to the prison authority for its immediate execution. Sd/- (SURAJ GOVINDARAJ) JUDGE KTY List No.: 1 Sl No.: 36