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2026 DAILYLAW 27079 (KAR)

MUMTAZ BEGUM v. STATE OF KARNATAKA

WP/16411/2026 · 2026-07-06

Suraj Govindaraj

Transfer Petitionbody2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:33736 WP No. 16411 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. 16411 OF 2026 (GM-POLICE) BETWEEN: MUMTAZ BEGUM W/O SAYYED IMTIYAZ @ SYED IMTHIYAZ @KURUP CTP 3390 AGED ABOUT 40 YEARS, R/AT NO.24, 2ND CROSS NEAR BILAL MASJID, YARAB NAGARA, RAMANAGARAM, RAMANAGAR, KARNATAKA-582169 …PETITIONER (BY SRI. SIRAJUDDIN AHMED.,ADVOCATE) AND: 1. STATE OF KARNATAKA HOME DEPARTMENT, THROUGH PRINCIPAL SECRETARY VIDHANA SOUDHA, BENGALURU-560001. 2. CHIEF SUPERINTENDENT CENTRAL PRISON BELAGAVI - 591108. 3. SHO RAMANAGARA TOWN P.S RAMANAGARA - 562159 (JURISDICTIONAL POLICE STATION) …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 RESPONDENT NO. 2 TO RELEASE THE PETITIONERS HUSBAND, SAYYED IMTIYAZ ALIAS KURUP CTP 3390, CURRENTLY LODGED IN BELAGAVI CENTRAL PRISON, ON GENERAL PAROLE FOR A PERIOD OF 90 DAYS, TO ENABLE HIM TO SPEND TIME WITH THE FAMILY Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:33736 WP No. 16411 of 2026 AND COME OUT WITH THE EVIL STRESS FROM THE LONG INCARCERATION. 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- Sayyed Imtiyaz @ Kurup CTP No.3390 is before this Court seeking for the following reliefs: a. Direct Respondent No. 2 to release the Petitioner's husband, SAYYED IMTIYAZ @ KURUP CТР currently lodged in Belagavi Central Prison, on general parole for a period of 90 days, to enable him to Spend time with the family and come out with the Evil stress from the long incarceration. 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.35/2015 for offences under Section 302, 120(B) R/w 149 of IPC by the I Additional District and Sessions Judge, Ramanagara and sentenced on 12.02.2017 with the highest of the sentence being imprisonment for life. The detenu has served a period of 10 years 9 months, 9 days of imprisonment as on 16.12.2025 and his conduct in jail is said to be satisfactory. The detenu had earlier been granted Court parole for a period of 1 month 15 days. An application for parole on account of spending some time with the family - 3 - HC-KAR NC: 2026:KHC:33736 WP No. 16411 of 2026 members and completing his certain pending work. Though the jail authorities had recommended it, the Competent Authority had rejected. 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 10 years 9 months 9 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 incarcerated, there is no particular complaint against the detenu, I pass the following: ORDER i. The Writ Petition is allowed i. Respondent–The Chief Superintendent Central Prison, Belagavi is directed to release the detenu- Sayyed Imtiyaz @ Kurup CTP - 4 - HC-KAR NC: 2026:KHC:33736 WP No. 16411 of 2026 No.3390 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. ii. The Registry is directed to communicate the order to the prison authority for its immediate execution. iii. 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.: 22