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High Court of Karnataka · body

2026 DAILYLAW 28205 (KAR)

MR MANJUNATHA K M v. STATE OF KARNATAKA

WP/19636/2026 · 2026-07-06

Suraj Govindaraj

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:33860 WP No. 19636 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. 19636 OF 2026 (GM-POLICE) BETWEEN: 1. MR.MANJUNATHA K M, S/O. D MUNI ANJINAPPA, AGED ABOUT 51 YEARS, R/AT NO 88, KANCHIGANALA, RAJAGHATTA, DOD BALLAPUR BANGALORE- 561 203. (FATHER OF SANTHOSH KM CONVICT PRISONER HAVING CTP NO. 12261 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 NO 5, OPPOSITE VIKRAM HOSPITAL, MILLERS ROAD, BANGALORE-560 051, KARNATAKA. … RESPONDENTS (BY SRI. C.H. DEVARAJ, GOVERNMENT ADVOCATE) Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:33860 WP No. 19636 of 2026 THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF MANDAMUS BY DIRECTING THE RESPONDENT NO.2/CENTRAL PRISON, BANGALORE, TO RELEASE THE PETITIONER'S SON ON GENERAL PAROLE FOR A PERIOD OF 90 DAYS AND PRISONER CTP NO.12261 AND HE HAS SOME AGRICULTURAL LAND WHICH HAS TO BE CULTIVATED AND TO TAKE CARE OF HIS OLD AGED PARENTS AND TO SPEND TIME WITH A FAMILY, 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 father of the detenu- Santhosh (CTP.No.12261) is before this Court seeking for the following reliefs: 1. Issue a Writ of Mandamus by directing the Respondent No.2/Central Prison, Bangalore, to release the Petitioner's Son on General Parole for a period of 90 days and prisoner CTP No.12261 and he has some agricultural land which has to be cultivated and to take care of his old aged parents and to spend time with a family, 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 and circumstances of the case, in the interest of justice and equity. 2. The detenu had been convicted in S.C.No.10038/2018 for offences under Sections 302 - 3 - HC-KAR NC: 2026:KHC:33860 WP No. 19636 of 2026 and 506 of IPC by the IV Additional District and Sessions Judge, Doddaballapura, Bengaluru Rural District and sentenced on 09.04.2021 with the highest of the sentence being imprisonment for life. The detenu has served a period of 8 years and 25 days of imprisonment as on 08.06.2026 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. 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: - 4 - HC-KAR NC: 2026:KHC:33860 WP No. 19636 of 2026 ORDER i) The Writ Petition is allowed. ii) Respondent No.2–Chief Superintendent is directed to release the detenu-Santhosh (CTP.No.12261) on parole for a period of 90 days commencing from 20.07.2026, subject to the following conditions: a) The detenu-Santhosh (CTP.No.12261) 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. iii) The Registry is directed to communicate the order to the prison authority for its immediate execution. - 5 - HC-KAR NC: 2026:KHC:33860 WP No. 19636 of 2026 iv) The petitioner and family members of the detenu to comply with all other formalities before the date fixed for release. SD/- (SURAJ GOVINDARAJ) JUDGE KTY List No.: 2 Sl No.: 47