Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:30855 WP No. 16338 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. 16338 OF 2026 (GM-POLICE) BETWEEN:
SMT. MUBEEN W/O ABDUL NABI @ CHANDPASHA, AGED ABOUT 45 YEARS, R/ATARALIMARADA PALYA SIRA GATE, TUMKURU-572 137.
(WIFE OF ABDUL NABI @ CHANDPASHA CONVICT PRISONER HAVING CTP NO.14064 NOW IN CUSTODY CENTRAL PRISON, BENGALURU)
…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 84MC JVC, SIDDALINGAIAHNA PALYA, TUMKUR KARNATAKA 572 103
…RESPONDENTS (BY SRI. C.H. DEVARAJ., GA)
Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:30855 WP No. 16338 of 2026
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-A ISSUED BY THE 2ND RESPONDENT IN LETTER NO. BCP/J3/587/2026 DATED 27/04/2026 BY DIRECTING THE RESPONDENT NO.2/CENTRAL PRISON, BANGALORE, TO RELEASE THE PETITIONER,S HUSBAND ON GENERAL PAROLE FOR A PERIOD OF 90 DAYS AND PRISONER CTP NO.14064 TO TAKE CARE OF THE CONVICT WIFE I.E THE PETITIONER AND SHE HAS TO GO UNDERGO SURGERY FOR HER HEALTH ISSUE, IN THE INTEREST OF JUSTICE AND EQUITY 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 – Abdul Nabi @ Chandpasha (CTP No.14064) is before this Court seeking for the following reliefs:
1. Issue a Writ of Certiorari by quashing the endorsement as ANNEXURE-A issued by the 2nd Respondent in Letter No: BCP/J3/587/2026 dated 27/04/2026 by directing the Respondent No.2/Central Prison, Bangalore, to release the Petitioner's Husband on General Parole for a period of 90 days and prisoner CTP No.14064 to take care of the convict wife ie the petitioner and she has to go undergo surgery for her health issue, in the interest of justice and equity.
2. 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.
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HC-KAR NC: 2026:KHC:30855 WP No. 16338 of 2026
2. The detenu had been convicted in S.C.No.216/2012 for offences under Section 302 r/w 34 of IPC and under Section 201 of IPC by the Principal District and Sessions Judge, Tumakur and sentenced on 01.12.2023 with the highest of the sentence being imprisonment for life. The detenu has served a period of 2 years 7 months 28 days of imprisonment as on 11.05.2026 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. It is also the case of the Petitioner that she is suffering from severe lower abdominal pain due to the uterus infection and has to undergo surgery.
4. 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.
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
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HC-KAR NC: 2026:KHC:30855 WP No. 16338 of 2026
required for treatment of the Petitioner herein, 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 – Abdul Nabi @ Chandpasha (CTP No.14064) on emergency parole for a period of 15 days commencing from 30.06.2026, subject to the following conditions: a) The detenu - Abdul Nabi @ Chandpasha (CTP No.14064) 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.
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HC-KAR NC: 2026:KHC:30855 WP No. 16338 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.: 40