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2026 DAILYLAW 28682 (KAR)

SMT MANGALA GOWRI v. THE STATE OF KARNATAKA

WP/18945/2026 · 2026-07-06

Suraj Govindaraj

Transfer Petitionbody2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:33941 WP No. 18945 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. 18945 OF 2026 (GM-POLICE) BETWEEN: SMT MANGALA GOWRI W/O PARASHIVAMURTHY AGED 46 YRS RESIDENT OF GAGENAHALLI, KASABA HOBLI, HUNSUR TALUK, MYSORE DISTRICT-571103 (WIFE OF CONVICT SRI. PARASHIVAMURTHY, CTP NO. 00375, PRESENTLY SERVING IMPRISONMENT IN CENTRAL PRISON, MYSURU) …PETITIONER (BY SRI. ADITYA S K.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY THE PRINCIPAL SECRETARY, HOME DEPARTMENT, VIDHANA SOUDHA, BENGALURU - 560 001. 2. THE DIRECTOR GENERAL OF POLICE PRISONS AND CORRECTIONAL SERVICES, NO. 9, SHESHADRI ROAD, GANDHI NAGAR, BENGALURU 560 009. 3. THE CHIEF SUPERINTENDENT CENTRAL PRISON, MYSURU, ASHOKA ROAD, NEAR FOUNTAIN CIRCLE, MYSURU 570 007. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:33941 WP No. 18945 of 2026 4. THE SUPERINTENDENT OF POLICE HYDER ALI ROAD, KITTUR RANI CHENNAMMA CIRCLE, JALAPURI, MYSORE - 570019. …RESPONDENTS (BY SRI. C.H. DEVARAJ., GA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION QUASHING THE IMPUGNED REJECTION ORDER NO. DGPCSB/JDLC/SEC4/145/2026-JUDCL DATED 16.05.2026 (PRODUCED AS ANNEXURE-E) ISSUED BY THE RESPONDENT NO. 2/DIRECTOR GENERAL OF POLICE, PRISONS AND CORRECTIONAL SERVICES AND ETC. THIS WRIT PETITION, COMING ON FOR ORDERS, 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- Parashivamurthy CTP No.00375 is before this Court seeking for the following reliefs: a. Issue a writ of certiorari or any other appropriate writ, order or direction quashing the impugned rejection order No.DGPCSB/JDLC/SEC4/145/2026- JUDCL dated 16.05.2026 (produced as Annexure- E) issued by the Respondent No.2/Director General of Police, Prisons and Correctional Services; b. Issue a writ of mandamus or any other appropriate writ, order or direction directing the Respondent Authorities to grant 30 days general parole to Sri. Parashivamurthy S/o Late Madayya, CTP No.00375 presently lodged in Central Prison, Mysuru, for the purpose of reconstruction of the collapsed family dwelling house at Gagenahalli Village, Kasaba Hobli, Hunasuru Taluk, Mysuru District. - 3 - HC-KAR NC: 2026:KHC:33941 WP No. 18945 of 2026 c. Pass such other order or direction as this Hon’ble Court deems fit in the interest of justice and equity. 2. The detenu had been convicted in S.C.No.21/2009 for offences under Section 302 of IPC by the Prl. District and Sessions Judge, Gadag and sentenced on 31.05.2026 with the highest of the sentence being imprisonment for life. The detenu has served a period of 9 years 10 months 29 days of imprisonment as on 31.05.2026 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. The application has been filed by the wife of detenu seeking his release repairs to the dwelling house. A perusal of the photographs indicates that the house is collapsed requiring immediate repair. The wife and children living in a makeshift shed on such collapse. 4. Learned AGA submits that the detenu had earlier been granted parole. However, he failed to surrender before the jail authorities within the prescribed period. Consequently, the jail authorities were required to trace and apprehend the detenu, who was arrested after remaining at large for 6 years, 3 - 4 - HC-KAR NC: 2026:KHC:33941 WP No. 18945 of 2026 months, and 14 days from the date on which parole had been granted. Though the said escape occurred in the year 2011 and the detenu was secured only in the year 2017, he has remained incarcerated since then. During his incarceration from 2017 onwards, his conduct has been reported to be satisfactory. 5. The Bar for a parole escapee's fresh application to be considered is for a period of 5 years, which expired in the year 2022. 6. The bar on consideration of a fresh parole application by a parole escapee is for a period of five years. Since the said period expired in the year 2022, there is no legal impediment to considering the present application. 7. In that view of the matter, being of the considered opinion that the detenu has spent 9 years 10 months 29 days in incarceration, with a intention of reintegrating the petitioner with the society in a proper manner. 8. 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. - 5 - HC-KAR NC: 2026:KHC:33941 WP No. 18945 of 2026 ii. Concerned Respondent is directed to release the detenu- Parashivamurthy CTP No.00375 on parole for a period of 15 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. 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. - 6 - HC-KAR NC: 2026:KHC:33941 WP No. 18945 of 2026 v. The detenu is put to notice that he ought to surrender on the expiry of the 15 day period, failing which adequate orders would have to be passed. SD/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 2 Sl No.: 41