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2026 DAILYLAW 2773 (KAR)

SOMASHEKARA @ RENU v. THE STATE OF KARNATAKA BY

WP/15817/2025 · 2026-04-06

Sachin Shankar Magadum

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:18464 WP No. 15817 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.15817 OF 2025 (GM-POLICE) BETWEEN: SOMASHEKARA @ RENU S/O LAKSHMIAH, AGED ABOUT 32 YEARS, AS PETITIONER IN JUDICIAL CUSTODY, REPRESENTED BY HIS WIFE SOWBHAGYA, C/O SOMASHEKARA C L, AGED ABOUT 34 YEARS, R/AT NO.304, SRIRANGAPATNA TALUK, VTC CHIKKAKKANAHALLI, SUB DISTRICT, DISTRICT SRIRANGAPATTANA PIN - 571 415 …PETITIONER (BY SRI. LAKSHMIKANTH K., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY POLICE INSPECTOR, ARAKERE POLICE STATION, SRIRANGAPATTANA TALUK, MANDYA DISTRICT PIN - 571 415 2. THE SUPERINTENDENT POLICE SRIRANGAPATTANA TALUK, Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:18464 WP No. 15817 of 2025 MANDYA DISTRICT PIN - 571 415 3. THE DIRECTOR GENERAL OF POLICE AND INSPECTOR GENERAL OF POLICE, THE OFFICE OF THE DIRECTOR GENERAL OF POLICE, AND INSPECTOR GENERAL OF POLICE, KARNATAKA STATE, BANGALORE - 560 002 4. THE CHIEF SUPERINTENDENT CENTRAL PRISON, MYSURU - 570 007 …RESPONDENTS (BY SRI. VIKAS ROJIPURA, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) ISSUE WRIT OF MANDAMUS DIRECTING THE RESPONDENT NO.4 TO CONSIDER THE REPRESENTATION DATED 08.03.2025 AT ANNEXURE-B IMMEDIATELY AND RELEASE THE PETITIONER ON EMERGENCY PAROLE AS PRAYED IN THE REPRESENTATION; B) ISSUE WRIT OF CERTIORARI OR ANY OTHER WRIT QUASHING THE ENDORSEMENT ISSUED BY THE RESPONDENT NO.4 BEARING NO.SAM.DCRB/PAROLE/05/2025 DATED 26.03.2025 AT ANNEXURE-D AND ETC THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM - 3 - HC-KAR NC: 2026:KHC:18464 WP No. 15817 of 2025 ORAL ORDER The petitioner, who is the wife of a convict presently undergoing sentence, has approached this Court seeking grant of parole to her husband. The relief is sought primarily on the ground that the petitioner is suffering from serious health ailments and requires assistance and care, thereby necessitating the temporary release of the convict on parole. 2. A perusal of the records would indicate that the petitioner had been advised to undergo a surgical procedure as per a medical certificate dated 04.03.2025. However, it is not in dispute that nearly one year has elapsed since the issuance of the said certificate. In that view of the matter, this Court is of the considered opinion that the said medical certificate, being stale in nature, cannot be relied upon for the purpose of assessing the present health condition of the petitioner or to determine whether a case is made out for grant of parole to the convict. - 4 - HC-KAR NC: 2026:KHC:18464 WP No. 15817 of 2025 3. At this juncture, learned Additional Government Advocate, on instructions, submits that in the event the petitioner furnishes an updated medical certificate reflecting her current health status, the same would be duly considered by the competent prison authorities in accordance with law. 4. Taking into consideration the aforesaid submission, this Court deems it appropriate to dispose of the petition, reserving liberty to the petitioner to produce a fresh and updated medical certificate pertaining to her health condition. Upon such certificate being furnished, and if the petitioner is able to demonstrate fresh and valid grounds, the competent jail authorities shall consider the request for parole of the convict, strictly in accordance with the applicable provisions and guidelines governing parole under the Prisons Act. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE DKB List No.: 1 Sl No.: 43