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High Court of Karnataka · body

2026 DAILYLAW 28121 (KAR)

SMT. SUMITHRAMMA. S. N. v. STATE OF KARNATAKA

WP/17866/2026 · 2026-07-06

Suraj Govindaraj

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:33949 WP No. 17866 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. 17866 OF 2026 (GM-POLICE) BETWEEN: 1. SMT. SUMITHRAMMA. S. N. W/O. GOVINDAPPAM, AGED ABOUT 46 YEARS, R/AT MADAMUTTANAHALLI, VTC MADAMUTTANAHALLI, PO HUNKUNDA, BANGARPET, KOLAR DISTRICT - 563 162. (WIFE OF GOVINDAPPA CONVICT PRISONER HAVING CTP NO 12317 NOW IN CUSTODY - CENTRAL PRISON, BENGALURU) … PETITIONER (BY SRI. KIRAN S S., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARIAT, DEPARTMENT OF HOME, VIDHANA SOUDHA BANGALORE- 560 001 2. THE CHIEF SUPERINTENDENT CENTRAL PRISON, PARAPPANAGHRAHARA, BANGALORE- 580 100 3. THE COMMISSIONER OF POLICE OPPOSITE DEVARAJU URS MEDICAL COLLEGE, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:33949 WP No. 17866 of 2026 TAMAKA, KOLAR - 563 101 … RESPONDENTS (BY SRI. C.H. DEVARAJ, GOVERNMENT ADVOCATE) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO 1. ISSUE A WRIT OF CERTIORARI BY QUASHING THE ENDORSEMENT AS ANNEXURE-A ISSUED BY THE 2ND RESPONDENT IN LETTER NO. BCP/CTP- SEC/3926/2025 DATED 30/05/2025 BY DIRECTING THE RESPONDENT NO.2/CENTRAL PRISON, BANGALORE, TO RELEASE THE PETITIONER'S HUSBAND ON PAROLE FOR A PERIOD OF 90 DAYS IN PRISONER CTP NO.12317, TO REPAIR THE HOUSE OF THE PETITIONER AND SPEND TIME WITH HIS FAMILY AND TO TAKE CARE OF HIS OLD AGE PARENTS, IN THE INTEREST OF JUSTICE AND EQUITY 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 wife of detenu-Govindappa CTP No.12317 is before this Court seeking for the following reliefs: 1. Issue a Writ of Certiorari by quashing the endorsement as ANNEXURE-A issued by the 2nd respondent in Letter No. BCP/CTP-Sec/3926/2025 dated 30/05/2025 by directing the Respondent No.2/Central Prison, Bangalore, to release the Petitioner's Husband on parole for a period of 90 days in prisoner CTP No.12317, to repair the house of the petitioner and spend time with his family and to take care of his old age parents, in the interest of justice and equity. 2. Issue such other suitable orders or direction as this Hon'ble court deems fit and proper in the nature - 3 - HC-KAR NC: 2026:KHC:33949 WP No. 17866 of 2026 and circumstances of the case, in the interest of justice and equity. 2. The detenu had been convicted in Spl.SC.(SC/ST) No.2/2018 for offences under Section 342, 506, 450, 376 of IPC and Section 3(2)(v) of Scheduled Caste/Scheduled Tribe (Prevention of Atrocities) Act, 1989 by the Additional District and Sessions Judge- FTSC-1 at Kolar and sentenced on 13.07.2021 with the highest of the sentence being imprisonment for life. The detenu has served a period of 4 years 3 months 7 days of imprisonment as on 28.03.2025 and his conduct in jail is said to be satisfactory. The petitioner having 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 wife of detenu seeking his release for carrying out repairs to the house. A perusal of the photographs indicates that the house requires repairs. - 4 - HC-KAR NC: 2026:KHC:33949 WP No. 17866 of 2026 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. Respondent–Chief Superintendent, Central Prison, Bangalore, is directed to release the detenu- Govindappa CTP No.12317 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. 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. - 5 - HC-KAR NC: 2026:KHC:33949 WP No. 17866 of 2026 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 are directed to comply with all other formalities before the date fixed for release. Sd/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 2 Sl No.: 35