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2026 DAILYLAW 23441 (KAR)

SMT. LATHA R v. THE CHIEF SUPERINTENDENT

WP/16324/2026 · 2026-06-22

Suraj Govindaraj

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:30854 WP No. 16324 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. 16324 OF 2026 (GM-POLICE) BETWEEN: SMT. LATHA R W/O THAMILARASAN, AGED ABOUT 52 YEARS, R/AT NO. 48, NEAR SAI BABA TEMPLE, AKASH NAGAR, BENGALURU-560016 THE PETITIONER IS THE MOTHER OF THE CONVICT PRISONER NAMELY SURYA AKASH WHO IS CURRENTLY LODGED IN BENGALURU CENTRAL JAIL IN CTP NO 10803 …PETITIONER (BY SRI. PRATHAP S S.,ADVOCATE) AND: 1. THE CHIEF SUPERINTENDENT CENTRAL PRISON, PARAPPANA AGRAHARA BENGALURU-560100 2. THE DIRECTOR GENERAL OF POLICE PRISONS & CORRECTIONAL SERVICES NO. 4, SHESHADRI ROAD BENGALURU-560009 3. THE SUPERINTENDENT OF POLICE KGF, KOLAR-563122 …RESPONDENTS (BY SRI. C.H.DEVARAJ., GA) Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:30854 WP No. 16324 of 2026 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT ORDER OR DIRECTION IN THE DIRECTION IN THE NATURE OF CERTIORARI TO QUASH THE ENDORSEMENT DATED 27-04-2026 BEARING NO BCP/J3/590/2026 ISSUED BY THE RESPONDENT NO 1 PRODUCED AS ANNEXURE-D AND ETC. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The Petitioner – mother of the detenu – Surya Akash T @ Surya (CTP No.11405) is before this Court seeking for the following reliefs: (a) Issue a Writ Order or Direction in the direction in the nature of certiorari to quash the endorsement dated 27- 04-2026 bearing No BCP/J3/590/2026 issued by the Respondent No 1 produced as ANNEXURE-D. (b) Issue a Writ Order or direction in the nature of mandamus to the Respondents to grant of general parole for a period of 90 days so as to enable him to attend his ailing father. (c) Pass such other orders/ directions considering the facts and circumstances of the case together as to costs in the interest of justice 2. The detenu had been convicted in S.C.No.67/2018 for offences under Section 302, 120(B) and 201 r/w 34 of IPC by the III Additional District and Sessions Judge, Kolar and sentenced on 22.07.2019 with the highest of the sentence being imprisonment for life. - 3 - HC-KAR NC: 2026:KHC:30854 WP No. 16324 of 2026 The detenu has served a period of 8 years 1 month 12 days of imprisonment as on 20.05.2026 and his conduct in jail is said to be satisfactory. The petitioner having made an application for parole, the same came to be rejected on account of adverse report having received by the police. 3. A perusal of the police report indicates that it deals with the conviction of the detenu and does not cover any issue as regards the petitioner is at flight risk and or could cause any harm or injury to the victim/s or victim/s causing any harm to the detenu. 4. It is also the case of the Petitioner that father of the detenu is suffering from left shoulder pain and stiffness with less movement and diagnosed as rotator cuff injury. In that view of the matter, taking into consideration the conduct of the detenu has been satisfactory while incarcerated, there is no particular complaint against the detenu as also the presence of the detenu is required for treatment of his father, this Court passes the following: ORDER i) The Writ Petition is allowed. ii) Respondent–Chief Superintendent, Central Prison, Bangalore, is directed to release the - 4 - HC-KAR NC: 2026:KHC:30854 WP No. 16324 of 2026 detenu - Surya Akash T @ Surya (CTP No.11405) on parole for a period of 60 days commencing from 01.07.2026, subject to the following conditions: a) The detenu - Surya Akash T @ Surya (CTP No.11405) 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 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.: 2 Sl No.: 39