Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR NC: 2026:KHC:30794 WP No. 18289 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 18289 OF 2026 (GM-POLICE)
BETWEEN:
1.
BHAGYASHREE D V W/O ARUN KUMAR, AGE 26 YEARS, R/AT DODDAMUDDENAHALLI, DEVANAHALLI TALUK, BIJJAWARA PO, BENGALURU RURAL DISTRICT-562 110.
… 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 - 560 009 … RESPONDENTS
(BY SRI. C.H. DEVARAJ, GOVERNMENT ADVOCATE FOR R1 TO R3)
Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
- 2 -
HC-KAR NC: 2026:KHC:30794 WP No. 18289 of 2026
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECTING THE RESPONDENTS TO CONSIDER AND GRANT EMERGENCY PAROLE TO THE PETITIONER'S HUSBAND SRI ARUN KUMAR (CTP NO. 14067) IN ACCORDANCE WITH THE PROVISION 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 SURAJ GOVINDARAJ
ORAL ORDER
1. The petitioner who is the wife of the detenu- Arunkumar (CTP No.14067) is before this Court seeking for the following reliefs: a) Issue a writ of certiorari or any other appropriate writ, order or direction, directing the Respondents to consider and grant emergency parole to the petitioner's Husband, Sri Arun Kumar (CTP No.14067) in accordance with the provisions of the Karnataka Prison Rules;
b) Pass order/direction to release petitioner brother by nature of writ of mandamus to the Respondent No.2 to release this Petitioner Husband Sri Arun Kumar (CTP No.14067), on emergency parole. c) Also grant any additional order/direction that this Hon'ble court may deem fit to grant under the facts and circumstances in the interest of justice and Equity. - 3 -
HC-KAR NC: 2026:KHC:30794 WP No. 18289 of 2026
2. The detenu had been convicted for the offences punishable under Sections 302 and 506 of IPC in S.C.No.15046/2021 on 25.11.2023 for life imprisonment. The detenu has served a period of 4 years, 3 months, and 13 days. 3. The petitioner has to undergo medical termination of pregnancy on account of the fetus expiring intrauterine gestation of 7 weeks 3 days, resulting in the failure of pregnancy on 11.05.2026. Hence, an application for emergency parole was made by the petitioner so that her husband, the detenu- Arunkumar (CTP No.14067) could spend some time with her. The said application has not been considered by the respondents. It is in that background the Petitioner is before the Court seeking for the aforesaid reliefs. 4. The fact that the detenu has been convicted and sentenced to imprisonment will not take away his
- 4 -
HC-KAR NC: 2026:KHC:30794 WP No. 18289 of 2026
familial obligations. In this case, when his wife has suffered a premature termination of pregnancy, the respondents ought to have considered the same favourably, more so when there is no particular allegation against the detenu nor that there is a flight risk or the like and that his conduct during incarceration is satisfactory. In fact, the detenu had been granted parole three times earlier during which time there is no complaint and after completion of the parole he has surrendered to the jurisdictional Authorities. 5. In that view of the matter, I am of the considered opinion that the detenu could be released on emergency parole.
Hence, I pass the following:
ORDER i. The writ petition is allowed. ii. Respondent No.2-the Chief Superintendent, Central Prison, Bengaluru, is directed to release
- 5 -
HC-KAR NC: 2026:KHC:30794 WP No. 18289 of 2026
detenu-Arunkumar (CTP No.14067) on emergency parole for a period of 15 days commencing from 25.06.2026, subject to the following conditions. a) The prisoner (CTP No.14067) 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 him to gaol, in the event, the convict (CTP No.14067) would evade going back to the gaol, after the expiry of the period of emergency parole. b) Respondent No.1 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:30794 WP No. 18289 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.: 2 Sl No.: 3