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2026 DAILYLAW 23593 (KAR)

SRI. SHIVALINGEGOWDA @ SHIVANNA v. THE STATE OF KARNATAKA

WP/16542/2026 · 2026-06-22

Suraj Govindaraj

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:30960 WP No. 16542 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. 16542 OF 2026 (GM-POLICE) BETWEEN: SRI. SHIVALINGEGOWDA @ SHIVANNA S/O DYAVALINGAIAH, AGED ABOUT 60 YEARS, CTP NO.11221 CURRENTLY SERVING HIS SENTENCE IN CENTRAL PRISON, BENGALURU …PETITIONER (BY SRI. NAVEEN J., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HOME, VIDHANA SOUDHA, BENGALURU - 560 001 2. THE CHIEF SUPERINTENDENT OF PRISON CENTRAL PRISON, PARAPPANA AGRAHARA, ELECTRONIC CITY POST, BENGALURU 560 100 3. THE DIRECTOR GENERAL PRISONS AND CORRECTIONAL SERVICES, KARNATAKA STATE ADDRESS NO.4, SHESHADRI ROAD, GANDHINAGAR, BENGALURU - 560 009 4. THE SUPERINTENDENT OF POLICE RAMANAGARA DISTRICT, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:30960 WP No. 16542 of 2026 RAMANAGARA - 562 159 …RESPONDENTS (BY SRI. C.H. DEVARAJ., GA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR OTHER APPROPRIATE WRIT OR ORDER SEEKING TO QUASH THE ENDORSEMENT DATED 16.10.2025 ISSUED BY THE R2 IN LETTER NO. BCP/CTP-SEC/13966/2025 VIDE ANNX-D AND CONSEQUENTLY TO DIRECT THE R2 TO RELEASE THE PETITIONER ON GENERAL PAROLE FOR A PERIOD OF 90 DAYS 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-Shivalingegowda (CTP No.11221) is before this Court seeking for the following reliefs: a) Issue a Writ of Certiorari or other appropriate writ or order seeking to quash the endorsement dated 16.10.2025 issued by the Respondent No.2 in Letter No. BCP/CTP-Sec/13966/2025 vide ANNEXURE-D & consequently, to direct the Respondent No.2 to release the Petitioner on general parole for a period of 90 days. b) Pass any such other order/s as this Hon'ble Court deems fit under the facts and circumstances of the case, in the interest of justice & equity. 2. The detenu had been convicted in S.C.No.807/2011 for offence under Section 302 of IPC by the Additional City Civil and Sessions Judge, Bengaluru and sentenced on 25.04.2019 with the highest of the - 3 - HC-KAR NC: 2026:KHC:30960 WP No. 16542 of 2026 sentence being imprisonment for life. The detenu has served a period of 7 years 7 months 21 days of imprisonment as on 17.10.2025 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 parole is sought for on the ground of construction of his residential house and a photograph has been produced to that effect. 5. 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 construction of the house, this Court passes the following: - 4 - HC-KAR NC: 2026:KHC:30960 WP No. 16542 of 2026 ORDER i) The Writ Petition is allowed. ii) Respondent–Chief Superintendent, Central Prison, Bangalore, is directed to release the detenu - Shivalingegowda (CTP No.11221) on parole for a period of 60 days commencing from 01.07.2026, subject to the following conditions: a) The detenu 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. - 5 - HC-KAR NC: 2026:KHC:30960 WP No. 16542 of 2026 iv) The petitioner and family members of the detenu to comply with all other formalities before the date fixed for release. Sd/- (SURAJ GOVINDARAJ) JUDGE PRS List No.: 2 Sl No.: 44