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2026 DAILYLAW 23969 (KAR)

CHETANA H K v. STATE OF KARNATAKA

WP/17824/2026 · 2026-06-22

Suraj Govindaraj

Transfer Petitionbody2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:31484 WP No. 17824 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. 17824 OF 2026 (GM-POLICE) BETWEEN: CHETANA H K C/O. KRISHNA MURTHY H AGED ABOUT 45 YEARS R/AT NO.86, HARI HARA ROAD, VASANTHAPURA SUBRAMANYAPURA, VTC: BANGALORE SOUTH, PO: SUBRAMANYAPURA SUB DISTRICT: BANGALORE SOUTH BANGALORE-560 061. …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 ALI ASKER ROAD, VASANTH NAGAR, BENGALURU-560 001. …RESPONDENTS (BY SRI. C.H. DEVARAJ, GA) Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:31484 WP No. 17824 of 2026 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-2/ CENTRAL PRISON, BANGALORE, TO RELEASE THE PETITIONER’S BROTHER-IN-LAW ON GENERAL PAROLE FOR A PERIOD OF 90 DAYS AND PRISONER CTP NO.4467, TO TAKE CARE OF HIS OLD AGE MOTHER AND TO GIVE A PROPER MEDICAL TREATMENT. THIS 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 – brother-in-law of the detenu – Shankara (CTP No.4467) is before this Court seeking for the following reliefs: 1. Issue a Writ of Mandamus by directing the Respondent No.2/Central Prison, Bangalore, to release the Petitioner's Brother-in-law on General Parole for a period of 90 days and prisoner CTP No.4467, to take care of his old age mother and to give a proper medical treatment, 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. 2. The detenu had been convicted in S.C.No.90/2009 for offences under Section 302, 377 of IPC by the Presiding Officer, Fast Track Court, Ramanagar and sentenced on 20.04.2011 with the highest of the sentence being imprisonment for life. The detenu has served a period of 14 years 3 months 6 days of - 3 - HC-KAR NC: 2026:KHC:31484 WP No. 17824 of 2026 imprisonment as on 20.02.2026 and his conduct in jail is said to be satisfactory. 3. The learned counsel for the Petitioner submits that the detenu has made an application for parole, which is pending for consideration before the Respondents. Hence, the Petitioner is before this Court seeking parole of the detenu. 4. The learned counsel for the Petitioner also submits that mother of the detenu is suffering from abdominal pain due to intestinal infection and she is undergoing treatment. Hence, the presence of the detenu is required to take care of his mother. 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 and the presence of the detenu is required to take care of his mother as also the detenu was on general parole on four occasion and court parole on one occasion, this Court passes the following: ORDER i) The Writ Petition is allowed. - 4 - HC-KAR NC: 2026:KHC:31484 WP No. 17824 of 2026 ii) Respondent–Chief Superintendent, Central Prison, Bangalore, is directed to release the detenu - Shankara (CTP No.4467) on parole for a period of 60 days commencing from 06.07.2026, 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. 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.: 69