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2026 DAILYLAW 24080 (KAR)

SRI MAHESH V v. THE STATE OF KARNATAKA

WP/15400/2026 · 2026-06-22

Suraj Govindaraj

Transfer Petitionbody2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:30791 WP No. 15400 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. 15400 OF 2026 (GM-POLICE) BETWEEN: 1. SRI MAHESH V S/O VENKAT RAJ AGED ABOUT 37 YEARS, RESIDING AT NO.133, AVALAHALLI, SINGANAYAKANAHALLI, BANGALORE-560 064 (BROTHER OF CONVICT SRI SHRINIVAS S/O VENKATARAJU SERVING IMPRISONMENT IN CENTRAL PRISON, MYSURU CTP NO. 00754) … PETITIONER (BY SRI. ADITYA S K., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY THE PRINCIPAL SECRETARY, HOME DEPARTMENT, VIDHANA SOUDHA BENGALURU - 560 001. 2. THE DIRECTOR GENERAL OF POLICE PRISONS AND CORRECTIONAL SERVICES, NO.9, SHESHADRI ROAD, GANDHI NAGAR, BENGALURU-560 009. 3. THE CHIEF SUPERINTENDENT, CENTRAL PRISON, MYSURU, ASHOKA ROAD, MYSURU-570 007. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:30791 WP No. 15400 of 2026 … RESPONDENTS (BY SRI. C.H. DEVARAJ, GOVERNMENT ADVOCATE FOR R1 TO R3) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A. ISSUE A WRIT IN THE NATURE OF CERTIORARI, QUASHING THE IMPUGNED ENDORSEMENT BEARING NO. KEKAMY:J1:2578:2026-27 DATED 04.05.2026 ISSUED BY RESPONDENT NO.3/ CHIEF SUPERINTENDENT, CENTRAL PRISON, MYSURU PRODUCED AS ANNEXURE- 'F' REJECTING THE GENERAL PAROLE APPLICATION OF THE PETITIONER'S BROTHER/CONVICT SRI. SHRINIVAS V, CTP NO.00754, CURRENTLY LODGED IN CENTRAL PRISON, MYSURU AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The Petitioner who is brother of detenu-Shrinivas (CTP No.00754) is before this Court seeking for the following reliefs: a. Issue a Writ in the nature of Certiorari, quashing the impugned endorsement bearing No. KEKAMY:J1:2578:2026-27 dated 04.05.2026 issued by Respondent No.3/ Chief Superintendent, Central Prison, Mysuru produced as ANNEXURE- 'F' rejecting the general parole application of the Petitioner's brother/convict Sri. Shrinivas V, CTP No.00754, currently lodged in Central Prison, Mysuru. b. Issue a Writ in the nature of Mandamus, directing the Respondent Authorities to forthwith grant general parole for a period of 90 days to the Petitioner's brother/convict Sri. Shrinivas V, CTP No.00754, presently lodged in Central Prison, Mysuru, to enable him to attend to the medical treatment and - 3 - HC-KAR NC: 2026:KHC:30791 WP No. 15400 of 2026 care of his critically ill minor son, Master Vishwas S; C. Pass such other orders, directions, or reliefs as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, in the interest of justice and equity; 2. The learned counsel for the Petitioner submits that the detenu-Shrinivas (CTP No.00754) has served a period of 3 years 10 months and 15 days of imprisonment. The wife of the detenu had approached this Court wherein this Court vide order dated 16.10.2025 in W.P.No.31086/2025 had granted parole to the detenu herein for a period of 60 days and the detenu was on parole, which expired on 16.12.2025. 3. The learned counsel for the Petitioner submits that the Petitioner has made an application before Respondent No.3 seeking for extension of parole on the ground that his son is suffering from a rare and life -threatening progressive neuromuscular disorder and who is presently on his death bed, which application came to be rejected. Hence, the Petitioner is before this Court seeking for the aforesaid reliefs. 4. Taking into consideration that the conduct of the detenu has been satisfactory while incarcerated and there is no particular complaint against the detenu as - 4 - HC-KAR NC: 2026:KHC:30791 WP No. 15400 of 2026 also the son of the detenu is still hospitalised and presence of the detenu is required for treatment of his son, I am of the considered opinion that the parole can be extended by another period of 30 days, which is the maximum entitlement of the detenu for this year. As such, I pass the following: ORDER i) The Writ Petition is allowed. ii) Respondent–Chief Superintendent, Central Prison, Bangalore, is directed to release the detenu-Shrinivas (CTP No.00754) on parole for a period of 30 days commencing from 01.07.2026, subject to the following conditions. a) The detenu-Sri.Shrinivas.V, (CTP No.00754) 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 him to gaol, in the event, the convict Sri.Shrinivas.V, (CTP No.00754) would evade going back to the gaol, after the expiry of the period of general parole. - 5 - HC-KAR NC: 2026:KHC:30791 WP No. 15400 of 2026 b) Respondent No.1 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 then period of parole. iii) The Registry is directed to communicate the order to the prison authorities for its immediate execution. iv) Learned AGA is directed to communicate the above order to the respondents for immediate action. v) The petitioner and family members of the detenu to comply with all other formalities before the date fixed for release. Sd/- (SURAJ GOVINDARAJ) JUDGE KTY List No.: 2 Sl No.: 9