- 1 - HC-KAR NC: 2026:KHC:33955 WP No. 18379 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. 18379 OF 2026 (GM-POLICE) BETWEEN: 1. SMT. SHANKRAMMA W/O. LATE TAKANAIK, AGED ABOUT 76 YEARS, RESIDENT OF SONALE VILLAGE, HOSANAGARA TALUK, SHIVAMOGGA DISTRICT-577 418. THE PETITIONER IS THE MOTHER OF THE CONVICT PRISONER NO.1094, ESHWAR NAYAK WHO IS SERVING SENTENCE IN OPEN PRISON DEVANAHALLI. … PETITIONER (BY SRI. PRADEEP PATIL., ADVOCATE) AND: 1. THE SUPERINTENDENT OPEN AIR PRISON, DEVANAHALLI, BENGALURU RURAL-562 164. 2. THE DIRECTOR GENERAL OF POLICE PRISONS AND CORRECTIONAL SERVICES, NO.4, SHESHADRI ROAD, BENGALURU-560 009. 3. THE SUPERINTENDENT OF POLICE SHIVAMOGGA DISTRICT, SHIVAMOGGA-577 201. … RESPONDENTS (BY SRI. C.H. DEVARAJ, GOVERNMENT ADVOCATE) Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:33955 WP No. 18379 of 2026 THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT ORDER OR DIRECTION IN THE NATURE OF MANDAMUS TO THE RESPONDENT NO.1 SUPERINTENDENT/OPEN PRISON DEVANAHALLI TO GRANT OF GENERAL PAROLE TO CONVICT PRISONER NO 1094 ESHWAR NAYAK S/O TAKA NAYAK FOR A PERIOD OF 90 DAYS AND ETC. THIS 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 detenu-Eshwar Nayak CTP No.1094 is before this Court seeking for the following reliefs: (a) Issue a Writ Order or direction in the nature of mandamus to the Respondent No.1 Superintendent/Open Prison Devanahalli to grant of General parole to Convict Prisoner No 1094 Eshwar Nayak S/o Taka Nayak for a period of 90 days. (b) Pass such other orders/directions considering the facts and circumstances of the case together as to costs in the interest of justice. 2. The detenu had been convicted in S.C.No.28/2018 for offences under Section 302 r/w 120B, 323 r/w 34 of IPC by the 3rd Additional District and Sessions Court Shivamogga District, Karnataka State and sentenced on 30.09.2019 with the highest of the sentence being imprisonment for life. The detenu has served a period of 8 years 7 months 18 days of imprisonment as on 03.06.2026 and his conduct in jail is said to be satisfactory. The petitioner having made an application - 3 - HC-KAR NC: 2026:KHC:33955 WP No. 18379 of 2026 for parole, the same came to be rejected on account of adverse report having received by the police. 3. The application has been filed by the mother of the detenu seeking his release to carry out agriculture activities. 4. 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. 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. ii. Concerned respondent is directed to release the detenu- Eshwar Nayak CTP No.1094 on parole for a period of 30 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. - 4 - HC-KAR NC: 2026:KHC:33955 WP No. 18379 of 2026 b. Respondent No.2 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. 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 is directed to comply with all other formalities before the date fixed for release. Sd/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 2 Sl No.: 38