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2026 DAILYLAW 24357 (KAR)

SALMA BEGUM v. STATE OF KARNATAKA

WP/3162/2026 · 2026-06-22

Suraj Govindaraj

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:30783 WP No. 3162 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. 3162 OF 2026 (GM-POLICE) BETWEEN: 1. SALMA BEGUM W/O SALEEM PASHA CTP - 18751 AGED ABOUT 30 YEARS, R/AT 109, 2ND CROSS, KALYANGIRI NAGAR, MYSORE. KARNATAKA-570 019 … PETITIONER (BY SRI. SIRAJUDDIN AHMED., ADVOCATE) AND: 1. STATE OF KARNATAKA HOME DEPARTMENT, THROUGH PRINCIPAL SECRETARY VIDHANA SOUDHA, BENGALURU-560 001. 2. CHIEF SUPERINTENDENT CENTRAL PRISON MYSURU-570 007. 3. SHO NAZARBAD P.S MYSORE - 570 010 [JURISDICTIONAL POLICE STATION] … 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 DIRECT RESPONDENT NO. 2 TO RELEASE THE PETITIONER'S HUSBAND, SALEEM PASHA CTP Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:30783 WP No. 3162 of 2026 18751, CURRENTLY LODGED IN MYSURU CENTRAL PRISON, ON GENERAL PAROLE FOR A PERIOD OF 90 DAYS, TO ENABLE HIM TO TAKE CARE OF HIS WIFE, WHO IS SUFFERING FROM VARIOUS HEALTH AILMENTS AND WHO HAS BEEN ADVISED COMPLETE BED REST AND TO AVOID ANY STRESSFUL ACTIVITIES THAT MAY WORSEN HER CONDITION AND ETC. 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 who is the mother of the detenu- Saleem Pasha (CTP.No.18751), is before this Court seeking for the following reliefs: a. Issue writ of mandamus or any other appropriate writ(s), order(s) or direction(s) and thereby direct Respondent No. 2 to release the Petitioner's husband, Saleem Pasha CTP 18751, currently lodged in Mysuru Central Prison, on general parole for a period of 90 days, to enable him to take care of his wife, who is suffering from various health ailments and who has been advised complete bed rest and to avoid any stressful activities that may worsen her condition. b. pass any other order(s) which this court may deem fit and proper under the facts and circumstances of the case, in the interest of justice. 2. The detenu had been convicted in S.C.No.144/2013 for offences punishable under Sections 302 and 201 - 3 - HC-KAR NC: 2026:KHC:30783 WP No. 3162 of 2026 of IPC by the I Additional District and Sessions Judge, Mysuru and sentenced on 23.06.2016 with the highest of the sentence being imprisonment for life. The detenu has served a period of 13 years 2 months and 17 days of imprisonment as on 20.01.2026 and his conduct in jail is said to be satisfactory. The petitioner having made an application for parole on the ground that she is suffering from various health ailments, 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. Taking into consideration the conduct of the detenu has been satisfactory while incarcerated, there is no particular complaint against the detenu, I pass the following: - 4 - HC-KAR NC: 2026:KHC:30783 WP No. 3162 of 2026 ORDER i) The Writ Petition is allowed. ii) Respondent–Chief Superintendent, Central Prison, Mysuru, is directed to release the detenu-Saleem Pasha (CTP.No.18751) on parole for a period of 60 days commencing from 01.07.2026, subject to the following conditions: a) The detenu-Saleem Pasha (CTP.No.18751) 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:30783 WP No. 3162 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 KTY/List No.: 2 Sl No.: 14