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2026 DAILYLAW 30466 (KAR)

S M JYOTHI v. THE STATE OF KARNATAKA

WP/20618/2026 · 2026-07-22

Suraj Govindaraj

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010459962026 NC: 2026:KHC:37771 WP No. 20618 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 20618 OF 2026 (GM-POLICE) BETWEEN: S M JYOTHI W/O S M SIDDALINGASWAMY AGED ABOUT 42 YEARS, R/AT GADIKOPPA VILLAGE NEAR AYYAPPA SWAMY TEMPLE GOPALA EXTENTION, SHIVAMOGA DISTRICT-577205 …PETITIONER (BY SRI. NAGENDRA B.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL CHIEF SECRETORY DEPARTMENT OF HOME AND PRISON, VIDHANA SOUDHA, BANGALORE 560001 2. CHIEF SUPERINTENDENT CENTRAL PRISON, SHIVAMOGGA, SHIVAMOGGA-577222 3. INSPECTOR OF POLICE REPRESENTED BY HARIHARA TOWN POLICE STATION, DAVANGERE DISTRICT-577601 4. DIRECTOR GENERAL OF POLICE AND INSPECTOR GENERAL OF PRISON AND Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010459962026 NC: 2026:KHC:37771 WP No. 20618 of 2026 CORRECTIONAL SERVICES NO -4 SESHADRI ROAD, BANGALORE -560009 (RESPONDENT NOS 1 TO 4 ARE REPRESENTED BY LEARNED GOVERNMENT ADVOCATE, HIGH COURT OF KARNATAKA BENGALURU 560001) …RESPONDENTS (BY SMT. SARITHA KULKARNI., AGA) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR A WRIT OR DIRECTION OF APPROPRIATE IN NATURE DIRECTING THE RESPONDENTS TO GRANT 90 DAYS GENERAL PAROLE TO THE PRISONER THIPPESH ALIAS THIPPESWAMY S/O SHIVAMURTHAYYA, (CTP-01252), ON SUCH TERMS AND CONDITIONS, AND THIS WRIT 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 – sister of the detenu – Thippesh @ Thippesamy (CTP No.01252) is before this Court seeking for the following reliefs: 1. To issue a writ of mandamus or a writ or direction of appropriate in nature directing the respondents to grant 90 days General Parole to the prisoner Thippesh @ Thippeswamy S/o Shivamurthayya, (CTP-01252), on such terms and conditions, and 2. To issue a writ or order or direction of appropriate in nature granting such other relief or reliefs as this Hon'ble Court deems fit, to grant in the ends of Justice. - 3 - HC-KAR CNR: KAHC010459962026 NC: 2026:KHC:37771 WP No. 20618 of 2026 2. The detenu had been convicted in S.C.No.16/2020 for offences under Section 376(AB) with Section 6 of POCSO Act and Section 376(2)(j), 376(2)(n), 506 of IPC and 12 of POCSO Act by Additional District and Sessions Judge, FTSC-1, Davanagere and sentenced on 21.04.2023 with rigorous imprisonment for 30 years. The detenu has served a period of 6 years 7 months 2 days of imprisonment as on 23.06.2026 and his conduct in jail is said to be satisfactory. The detenu having made an application for parole, no action has been taken on the said representation. 3. The learned counsel for the petitioner submits that mother of the detenu is suffering from CA Cervix Stage III and undergoing chemotherapy and radiotherapy. Apart therefrom, she has serious bouts of diarrhea and vomiting requiring immediate medical attention and she is hospitalized. 4. In that view of the matter, taking into consideration the medical condition of the mother of the detenu this Court passes the following: ORDER i) The Writ Petition is allowed. - 4 - HC-KAR CNR: KAHC010459962026 NC: 2026:KHC:37771 WP No. 20618 of 2026 ii) The concerned respondent is directed to release the detenu - Thippesh @ Thippesamy (CTP No.01252) on emergency parole for a period of 15 days commencing from 27.07.2026, 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 to comply with all other formalities before the date fixed for release. Sd/- (SURAJ GOVINDARAJ) JUDGE PRS List No.: 2 Sl No.: 6