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2026 DAILYLAW 28569 (KAR)

SMT. PUSHPA v. STATE OF KARNATAKA

WP/19681/2026 · 2026-07-06

Suraj Govindaraj

Transfer Petitionbody2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:33858 WP No. 19681 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. 19681 OF 2026 (GM-POLICE) BETWEEN: 1. SMT. PUSHPA W/O.CHIKKEGOWDA, AGED ABOUT 37 YEARS, R/AT PICHANAKERE, KOTTAGALU, RAMANAGAR- 562 117, (WIFE OF CHIKKEGOWDA, CONVICT PRISONER HAVING CTP NO. 14966 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 SH 17, HAJI NAGAR, RAMANAGAR- 561 159. … RESPONDENTS (BY SRI. C.H. DEVARAJ, GOVERNMENT ADVOCATE) Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:33858 WP No. 19681 of 2026 THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASHING THE ENDORSEMENT AS ANNEXURE-A ISSUED BY THE 2ND RESPONDENT IN LETTER NO. BCP/J3/1434/2026 DATED 12.06.2026 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. 14966, THE CONVICT DAUGHTER'S REQUIRES HER FATHER TO BE PRESENT FOR FINANCIAL AS WELL MORAL SUPPORT FOR THEIR STUDY NEEDS, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, 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 the detenu- Chikkegowda (CTP.No.14966) 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/J3/1434/ 2026 dated 12.06.2026 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.14966, the Convict Daughter's requires her father to be present for financial as well moral support for their study needs, 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. - 3 - HC-KAR NC: 2026:KHC:33858 WP No. 19681 of 2026 2. The detenu had been convicted in S.C.No.5003/2020 for offences under Section 302 r/w 34 of IPC by the II Additional District and Sessions Judge, Ramanagar Sitting at Kanakapura and sentenced on 12.12.2024 with the highest of the sentence being imprisonment for life. The detenu has served a period of 05 years 01 months and 22 days of imprisonment as on 13.06.2026 and his conduct in jail is said to be satisfactory. The petitioner having made an application for parole on the ground that the presence of the detenu is required for his children’s school admission, 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 - 4 - HC-KAR NC: 2026:KHC:33858 WP No. 19681 of 2026 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 No.2–Chief Superintendent, is directed to release the detenu-Chikkegowda (CTP.No.14966) on parole for a period of 30 days commencing from 20.07.2026, subject to the following conditions: a) The detenu-Chikkegowda (CTP.No.14966) 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 - 5 - HC-KAR NC: 2026:KHC:33858 WP No. 19681 of 2026 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 to comply with all other formalities before the date fixed for release. SD/- (SURAJ GOVINDARAJ) JUDGE KTY List No.: 2 Sl No.: 50