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2026 DAILYLAW 23641 (KAR)

MRS. P. SONIYA v. THE STATE OF KARNATAKA

WP/16518/2026 · 2026-06-22

Suraj Govindaraj

Transfer Petitionbody2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:30858 WP No. 16518 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. 16518 OF 2026 (GM-POLICE) BETWEEN: MRS. P. SONIYA W/O PRASANNA KUMAR M, AGED ABOUT 34 YEARS, R/AT NO. 380, SANJAY GANDHI NAGAR, KGF, ROBERTSONPET POST, BANGARAPETE, KOLAR DISTRICT-563122. (WIFE OF CONVICT PRISONER PRASANNA KUMAR @ BABLU (CTP NO 11403) …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., GA) Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:30858 WP No. 16518 of 2026 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO 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 PRASANNA KUMAE @ BABLU (CTP NO. 11403), IN ACCORDANCE WITH THE PROVISIONS OF THE KARNATAKA PRISONS RULES 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 – wife of the detenu – Prasanna Kumar @ Bablu (CTP No.11403) 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 Prasanna Kumae @ Bablu (CTP No. 11403), in accordance with the provisions of the Karnataka Prisons Rules; b) Pass an order or direction in the nature of a writ of mandamus directing Respondent No. 2 to release the Petitioner's husband, Sri Prasanna Kumae @ Bablu (CTP No. 11403), 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. 2. The detenu had been convicted in S.C.No.67/2018 for offences under Section 120(B), 302, 201 r/w 34 - 3 - HC-KAR NC: 2026:KHC:30858 WP No. 16518 of 2026 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. The detenu has served a period of 7 years 3 months 26 days of imprisonment as on 05.08.2025 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 the minor son of the detenu is suffering from severe post-traumatic complications consequent to necrotizing fasciitis, a serious and life-threatening soft tissue infection. 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 - 4 - HC-KAR NC: 2026:KHC:30858 WP No. 16518 of 2026 required for the treatment of his minor son, 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 - Prasanna Kumar @ Bablu (CTP No.11403) 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. - 5 - HC-KAR NC: 2026:KHC:30858 WP No. 16518 of 2026 iii) The Registry is directed to communicate the order to the prison authority for its immediate execution. 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.: 42