Research › Search › Judgment

High Court of Karnataka · body

2026 DAILYLAW 26845 (KAR)

SMT SUJATHA v. STATE OF KARNATAKA

WP/16896/2026 · 2026-07-06

Suraj Govindaraj

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:33741 WP No. 16896 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 16896 OF 2026 (GM-POLICE) BETWEEN: SMT SUJATHA W/O. GOPAL, AGED ABOUT 46 YEARS R/AT BHADRACHARI COMPOUND, 1ST MAIN ROAD, GANDHI NAGAR, KOLAR- 563 101. (MOTHER OF G.NAVEEN KUMAR CONVICT PRISONER HAVING CTP NO.12126 NOW IN CUSTODY -CENTRAL PRISON, BENGALURU) …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 OPPOSITE DEVARAJU URS MEDICAL COLLEGE, TAMAKA, KOLAR- 563 101 …RESPONDENTS (BY SRI. C.H. DEVARAJ., GA) Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:33741 WP No. 16896 of 2026 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI BY QUASHING THE ENDORSEMENT AS ANNEXURE-A ISSUED BY THE 2ND RESPONDENT IN LETTER NO. BCP/J3/571/2026 DATED 27.04.2026 BY DIRECTING THE RESPONDENT NO.2/CENTRAL PRISON, BANGALORE, TO RELEASE THE PETITIONER'S SON ON PAROLE FOR A PERIOD OF 90 DAYS IN PRISONER CTP NO. 12126, TO SPEND TIME WITH HIS FAMILY AND TO TAKE CARE OF HIS OLD AGE PARENTS, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS WRIT 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- G.Naveen Kumar (CTP No.12126) 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. BCP/J3/571/2026 dated 27.04.2026 by directing the Respondent No.2/Central Prison, Bangalore, to release the Petitioner's son on parole for a period of 90 days in prisoner CTP No.12126, to spend time with his family and to take care of his old age parents, 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.203/2019 for offences under Section 363 of IPC and Section 4 of POCSO Act by the II Additional District and - 3 - HC-KAR NC: 2026:KHC:33741 WP No. 16896 of 2026 Sessions Judge, Kolar and sentenced on 8.12.2020 for 20 years of imprisonment. The detenu has served a period of 6 years 4 months 19 days of imprisonment as on 18.05.2026 and his conduct in jail is said to be satisfactory. The detenu had earlier been granted Court parole twice for 3 months 15 days. The petitioner having made an application for parole, 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. One of the reasons covered under Section 636 (viii) of the Karnataka Prison Manual ruminates to help the convict remain in touch with developments in the outside world. The detenu having spent 6 years 4 months 19 days would have to be reintegrated with society on his sentence being complete. Hence, the grant of parole from time to time would help in such reintegration. 5. In that view of the matter, taking into consideration the conduct of the detenu has been satisfactory while - 4 - HC-KAR NC: 2026:KHC:33741 WP No. 16896 of 2026 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- G.Naveen Kumar (CTP No.12126) on parole for a period of 90 days commencing from 20.07.2026, 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. - 5 - HC-KAR NC: 2026:KHC:33741 WP No. 16896 of 2026 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 are directed to comply with all other formalities before the date fixed for release. SD/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 2 Sl No.: 27