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2026 DAILYLAW 24617 (KAR)

SMT. KAMALAMMA v. STATE OF KARNATAKA

WP/16522/2026 · 2026-06-22

Suraj Govindaraj

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:30789 WP No. 16522 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. 16522 OF 2026 (GM-POLICE) BETWEEN: 1. SMT. KAMALAMMA W/O. SRINIVAS, AGED ABOUT 45 YEARS, #257, THARAHUNASE, TARAHUNASE, BANGALORE- 562 157. … 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 NO.5, MILLERS ROAD, VASANTHNAGAR, BANGALORE KARNATAKA- 560 052 … 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 QUASHING THE ENDORSEMENT AS ANNEXURE- A ISSUED BY THE 2ND RESPONDENT IN LETTER NO. CPB/CTP-SEC/855/2026 DATED 11/05/2026 BY DIRECTING THE RESPONDENT NO.2/CENTRAL PRISON, BANGALORE, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:30789 WP No. 16522 of 2026 TO RELEASE THE PETITIONER ON PAROLE FOR A PERIOD OF 90 DAYS IN PRISONER CTP NO. 13762 AND SHE HAS SOME AGRICULTURAL LAND WHICH HAS TO BE CULTIVATED AND HAS TO SPEND TIME WITH FAMILY IN THE INTEREST OF JUSTICE AND EQUITY. 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 the mother of the detenu- T.S.Madhusudhan (13762), 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. CPB/CTP- SEC/855/2026 dated 11/05/2026 by directing the Respondent No.2/Central Prison, Bangalore, to release the Petitioner on parole for a period of 90 days in prisoner CTP No. 13762 and She has some agricultural land which has to be cultivated and has to spend time with family 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.15005/2021 for offences punishable under Section 302 r/w 37 of IPC by the 5th Additional - 3 - HC-KAR NC: 2026:KHC:30789 WP No. 16522 of 2026 District and Sessions Judge, Devanahalli and sentenced on 25.07.2023 with the highest of the sentence being imprisonment for life. The detenu has served a period of 5 years 6 months 16 days of imprisonment as on 18.05.2026 and his conduct in jail is said to be satisfactory. The petitioner having made an application for parole on the ground that she has some agricultural land which has to be cultivated, the same came to be rejected on account of adverse report received by the police. Hence, the petitioner is before this Court seeking for aforesaid releifs. 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 - HC-KAR NC: 2026:KHC:30789 WP No. 16522 of 2026 4. 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, I pass the following: ORDER i) The Writ Petition is allowed. ii) Respondent–Chief Superintendent, Central Prison, Bangalore, is directed to release the detenu-T.S.Madhusudhan (13762) on parole for a period of 60 days commencing from 01.07.2026, subject to the following conditions: a) The detenu-T.S.Madhusudhan (13762) 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 - 5 - HC-KAR NC: 2026:KHC:30789 WP No. 16522 of 2026 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 KTY List No.: 2 Sl No.: 10