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2026 DAILYLAW 21887 (KAR)

MR RAMASWAMY v. STATE OF KARNATAKA

WP/11823/2026 · 2026-06-10

Suraj Govindaraj

Transfer Petitionbody2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:28072 WP No. 11823 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 11823 OF 2026 (GM-POLICE) BETWEEN: MR RAMASWAMY S/O.MUNIYAPPA AGED ABOUT 56 YEARS, R/AT 07, VANAKASAPURA, SIDIHOSAKOTE, KARNATAKA-562 106 …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 POLICE BHAVAN, BM ROAD, RAMANAGARA- 562 159 …RESPONDENTS (BY SRI. C.H. DEVARAJ., GA FOR RESPONDENTS) 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 ANNEXURE-B ISSUED BY THE 2ND RESPONDENT ENDORSEMENT NO. BCP/J3/1110/2026 DATED 16.03.2026 BY DIRECTING THE Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:28072 WP No. 11823 of 2026 RESPONDENT NO.2/CENTRAL PRISON, BANGALORE, TO RELEASE THE PETITIONER ON PAROLE FOR A PERIOD OF 90 DAYS IN PRISONER CTP NO. 15289 CONVICTED BY THE JUDGEMENT AND ORDER DATED 09/04/2025 AS PER THE ANNEXURE-A, FOR THE OFFENCES PUNISHABLE U/SEC. 120B, 143, 147, 148, 114, 302 R/W 149 OF IPC., IN THE INTEREST OF JUSTICE AND EQUITY 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 Petitioner is before this Court seeking for the following reliefs: a. Issue a writ of Certiorari by quashing the endorsement as Annexure-B issued by the 2nd Respondent endorsement No.BCP/1110/2026 dated 16.03.2026 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.15289 convicted by the judgment and order dated 09.04.2025 as per the Annexure-A for the offences punishable u/Sec. 120B, 143, 147, 148, 114, 302 r/w 149 of IPC, in the interest of justice and equity. b. Issue such other suitable orders or direction as this Hon’ble Court deems fit and proper in the nature and circumstances of the case, in the interest of justice and equity. 2. Petitioner is the father of the detenu Venukumar R (CTP No.15289) was now incarcerated in the Central Prison, Bengaluru. The detenu was convicted for offences under Section 120B, 143, 147, 148, 114, - 3 - HC-KAR NC: 2026:KHC:28072 WP No. 11823 of 2026 302 read with 149 of IPC in SC No.5001/2024 by the II Additional District and Sessions Judge, Ramanagara sitting at Kanakapura, the highest of the punishment being imprisonment for life. The detenu has been in judicial custody from 06.09.2021 and the total term of imprisonment undergone as on 23.03.2026 is 4 years, 6 months, 4 days. The detenu is stated to have been granted emergency parole on one earlier occasion for a period of 14 days during which there was no complaint against the detenu and the detenu surrendered to the prison authorities on time. 3. A perusal of the Imprisonment Certificate indicates that there is no complaint against the detenu and his conduct during incarceration is proper. The detenu having been granted parole on one earlier occasion for 14 days and there being no complaint, the present application now filed seeking for general parole on the ground that the repair work of the - 4 - HC-KAR NC: 2026:KHC:28072 WP No. 11823 of 2026 house is to be completed, the father of the detenu, being 60 years, is unable to do so requires consideration from this Court. Hence, this Court passes the following: ORDER i) The Writ Petition is allowed. ii) Respondent–Chief Superintendent, Central Prison, Bangalore, is directed to release the detenu - Venukumar R (CTP No.15289) on parole for a period of 60 days commencing from 22.06.2026, subject to the following conditions: a) The detenu Venukumar R (CTP No.15289) 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 detenu would evade going - 5 - HC-KAR NC: 2026:KHC:28072 WP No. 11823 of 2026 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. iii) The Registry is directed to communicate the order to the prison authority for its immediate execution. Sd/- (SURAJ GOVINDARAJ) JUDGE PRS List No.: 1 Sl No.: 64