- 1 - HC-KAR NC: 2026:KHC:19748 WP No. 8470 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 8470 OF 2026 (GM-POLICE) BETWEEN: 1. ABDUL VAZID S/O JANISAB FATHER/O WASEEM PASHA CTP-268, AGED ABOUT 70 YEARS R/O 16 WARD NO. 9 NEAR MAKKA MASJID SHETTIHALLI MOHALLA, RAMANAGARA. KARNATAKA-562159. …PETITIONER (BY SRI. MOHAMMED PASHA .C, ADVOCATE) AND: 1. STATE OF KARNATAKA HOME DEPARTMENT THROUGH PRINCIPAL SECRETARY VIDHANA SOUDHA, BENGALURU - 560001. 2. CHIEF SUPERINTENDENT CENTRAL PRISON KALABURAGI-585201. …RESPONDENTS (BY SRI. K.P. YOGANNA, AGA) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENT NO.2 TO RELEASE THE PETITIONER'S SON WASEEM PASHA CTP-268 ON GENERAL PAROLE FOR A PERIOD Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:19748 WP No. 8470 of 2026 OF 90 DAYS AS THE PETITIONER IS SUFFERING FROM VARIOUS AILMENTS AS EVIDENCE BY THE MEDICAL CERTIFICATE ISSUED BY THE SHREE AAIJI CLINIC, AND ALSO THE PETITIONER IS AN AGED PERSON, FACING HARDSHIP LIKE SUCH AS FINANCIAL STRESS WHICH AFFECTS BASIC NEEDS AND MENTAL HEALTH PROBLEM. HENCE THE PRESENCE OF THE CONVICT SON IS ESSENTIAL TO PROVIDE MEDICAL CARE FOR EFFECTIVE TREATMENT AS WELL AS TO BARE THE MEDICAL EXPENSES. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER The captioned petition is filed by the father of the convict seeking general parole on behalf of the son. 2. Heard learned counsel for the petitioner and learned AGA for the respondents. Perused the records. 3. Petitioner's son is undergoing sentence for life post conviction in S.C.No.35/2015 for the offences punishable under Sections 120B, 506, 302 r/w 149 IPC and under Section 25(1-B)of Arms Act. Despite moving an application before the competent authority, the convict's application seeking general parole is rejected on the - 3 - HC-KAR NC: 2026:KHC:19748 WP No. 8470 of 2026 adverse report tendered by the Superintendent of Police that there is a threat to the victims family and there may be a law and order situation. 4. On closer examination of the custody certificate, the convict has undergone incarceration for a period of 11 years 7 months. The convict has availed similar parole in December 2024 and had complied the conditions while availing the parole on earlier occasion. 5. The doctrine governing parole has been consistently evolved by constitutional courts to balance two competing interests on the one hand, the societal interest in ensuring safety and order, and on the other, the convict’s right to dignity and reformation under Article 21 of the Constitution of India. Parole, thus, serves as a controlled and conditional liberty, which does not interrupt the sentence but merely suspends its execution temporarily. - 4 - HC-KAR NC: 2026:KHC:19748 WP No. 8470 of 2026 6. In the case on hand, the prison records placed before the Court unmistakably reveal that the conduct of the detenue during the period of incarceration has been satisfactory and free from any adverse remarks. No untoward incident is reported against him. 7. The adverse report submitted by the Superintendent of Police is founded only on a general apprehension that the detenue may pose a threat to the victim. Such an apprehension, in the considered view of this Court, is speculative and not supported by any concrete material. It is trite that mere apprehension of the police authorities, without substantive backing, cannot be a ground to deny parole, particularly when the detenue’s conduct in prison is satisfactory. 8. This Court is of the view that appropriate conditions can always be imposed to mitigate any perceived risk, including restricting the movement of the detenue, directing him to report to the jurisdictional police - 5 - HC-KAR NC: 2026:KHC:19748 WP No. 8470 of 2026 at regular intervals, and prohibiting any contact with the victim or his family. When such safeguards are available, outright denial of parole would be disproportionate and contrary to the principles governing grant of parole. 9. It is also to be emphasized that parole being a reformative measure, denial thereof in the absence of compelling reasons would defeat the very purpose of correctional jurisprudence. The continued incarceration of a prisoner without affording him even a temporary release, despite good conduct, would run counter to the constitutional mandate of fair, just and reasonable procedure. 10. In the totality of the circumstances, this Court is satisfied that the petitioner has made out a case for grant of parole and that the apprehensions expressed in the adverse report can be adequately addressed by imposing stringent conditions. - 6 - HC-KAR NC: 2026:KHC:19748 WP No. 8470 of 2026 11. Accordingly, this Court proceeds to pass the following: ORDER (i) The writ petition is allowed; (ii) The respondent No.2 is directed to release the convict Waseem Pasha bearing CTP No.268, on general parole for a period of 90 (ninety) days from the date of his release; (iii) The release shall be subject to the detenue furnishing an undertaking that he shall not indulge in any unlawful activities during the period of parole and shall maintain good conduct; (iv) The respondents shall impose stringent conditions, including but not limited to: requiring the detenue to report before the jurisdictional police at periodic intervals, restricting his movement, and ensuring that he does not, directly or indirectly, make any contact with the victim or his family members; (v) The detenue shall surrender before the jurisdictional prison authorities immediately upon - 7 - HC-KAR NC: 2026:KHC:19748 WP No. 8470 of 2026 expiry of the parole period, failing which appropriate action shall be taken in accordance with law; (vi) Any violation of the conditions imposed shall entail immediate cancellation of parole; (vii) Liberty is reserved to the petitioner to seek extension of parole, if permissible in law; (viii) The Registry is directed to communicate this order forthwith to the concerned prison authorities, including by electronic mode, for immediate compliance. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE CA List No.: 1 Sl No.: 73