Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:33951 WP No. 17448 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. 17448 OF 2026 (GM-POLICE)
BETWEEN:
1.
SRI AVINASH N S/O NAGARAJAPPA AGED ABOUT 29 YEARS, R/AT HANAGAVADI VILLAGE, HONNALI TALUK, DAVANAGERE DISTRICT-577 243
THE PETITIONER IS THE BROTHER OF THE CONVICT PRISONER NO 1097 RAMESH, SERVING LIFE SENTENCE IN OPEN PRISON, DEVANAHALLI … PETITIONER (BY SRI. PRADEEP PATIL., ADVOCATE)
AND:
1.
THE SUPERINTENDENT OPEN PRISON, DEVANAHALLI, BENGALURU RURAL DISTRICT-562 164
2.
THE SUPERINTENDENT OF POLICE, SHIVAMOGGA DISTRICT, SHIVAMOGGA-577 201
3.
THE DIRECTOR GENERAL OF POLICE PRISONS AND CORRECTIONAL SERVICES SESHADRI ROAD BENGALURU-560 003.
… RESPONDENTS (BY SRI. C.H. DEVARAJ, GOVERNMENT ADVOCATE)
Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:33951 WP No. 17448 of 2026
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO (A) ISSUE A WRIT ORDER OR DIRECTION IN THE NATURE OF MANDAMUS TO THE RESPONDENT NO.1 TO RELEASE THE CONVICT PRISONER NO 1097 RAMESH S/O GULLAPPA ON GENERAL PAROLE 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 brother of the detenu- Ramesh CTP No.1097 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 to release the convict prisoner No 1097 Ramesh S/o Gullappa on general parole 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.163/2017 for offences under Section 302 of IPC by the 2nd Additional District and Sessions Court, Shivamogga District and sentenced on 03.03.2020 with the highest of the sentence being imprisonment for life. The detenu has served a period of 10 years 10 months 20 days (including remission period) of imprisonment as on 03.06.2026 and his conduct in jail is said to be satisfactory. The petitioner having
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HC-KAR NC: 2026:KHC:33951 WP No. 17448 of 2026
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. The application has been filed by the brother of the detenu seeking his release for carrying out repairs to the house. A perusal of the photographs indicates that the house requires repairs.
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- Ramesh CTP No.1097 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
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HC-KAR NC: 2026:KHC:33951 WP No. 17448 of 2026
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.3-The Director General of Police 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.: 32