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2026 DAILYLAW 26940 (KAR)

NAGINA v. THE STATE OF KARNATAKA

WP/16538/2026 · 2026-07-06

Suraj Govindaraj

Transfer Petitionbody2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:33737 WP No. 16538 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. 16538 OF 2026 (GM-POLICE) BETWEEN: NAGINA W/O AJEEZ KHAN 2 SADHAM HUSSEN @ AJEEZ KHAN CTP 13537 AGED ABOUT 33 YEARS R/AT GAFFAR KHAN MOHALLA SRINIVASPUR KOLAR KARNATAKA 563135 …PETITIONER (BY SRI. SIRAJUDDIN AHMED.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF HOME VIDHANA SOUDHA BENGALURU 560 001 2. THE CHIEF SPERINTENDENT CENTRAL PRISON PARAPPANA AGRAHARA BENGALURU 560100 3. SHO SRINIVASAPURA P S (JUDISDICTION PS ) KARNATAKA 563135 …RESPONDENTS (BY SRI. C.H. DEVARAJ., GA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NO.2 TO RELEASE THE PETITIONERS HUSBAND AZEEZ KHAN / SADHAM HUSSEN AJEEZ KHAN CTP-13537 ON GENERAL PAROLE FOR A PERIOD OF 90 DAYS IN ORDER TO SAFEGUARD Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:33737 WP No. 16538 of 2026 HIMSELF FROM THE ADVERSE EFFECTS OF PROLONGED CONFINEMENT AND TO PERFORM CONJUGAL OBLIGATION AND ALSO SHE HAS 4 CHILDREN WHO ARE IN NEED OF FATHERS LOVE AND CARE IN THE INTEREST OF JUSTICE 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 wife of the detenu-Azeez Khan @ Sadham Hussen CTP No.13537 is before this Court seeking for the following reliefs: a. Direct the Respondent No.2 to Release the petitioner's Husband AZEEZ KHAN @ SADHAM HUSSEN @ AJEEZ KHAN CTP-13537 on general parole for a period of 90 days in order to safeguard himself from the adverse effects of prolonged confinement and to perform conjugal obligation and also she has 4 children who are in need of father's love and care in the interest of justice. 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.49/2019 for offences under Section 302 of IPC by the II Additional District and Sessions Judge, Chikkballapura (Sitting at Chintamani) and sentenced on 18.04.2023 with the highest of the sentence being imprisonment for life. The detenu has served a period of 4 years 2 months 7 days of imprisonment - 3 - HC-KAR NC: 2026:KHC:33737 WP No. 16538 of 2026 as on 20.05.2026. An application is filed for parole on account of spending some time with family members. 3. Though the said reason is accepted under Section 636 (viii) of the Karnataka Prison Manual, this Court is of the considered opinion that the same would arise closer to the convict's sentence being completed and not in the initial years. The petitioner has only completed 4 years 2 months 7 days as on 20.05.2026, I am of the considered opinion, that the said reason would not be a good enough reason for release of detenu on parole now. Hence, the petition stands dismissed. SD/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 2 Sl No.: 23