Research › Search › Judgment

High Court of Karnataka · body

2026 DAILYLAW 30926 (KAR)

MRS FARZANA BANU v. THE STATE OF KARNATAKA

WP/21161/2026 · 2026-07-22

Suraj Govindaraj

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010464732026 NC: 2026:KHC:38512 WP No. 21161 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. 21161 OF 2026 (GM-POLICE) BETWEEN: 1. MRS FARZANA BANU W/O NAYAZ KHAN AGED ABOUT 50 YEARS R/AT NO 365, 5TH MAIN 5TH CROSS, NEAR GOUSHIYA MASJID NGR LAYOUT, ROOPENA AGRAHARA BENGALURU-560068. …PETITIONER (BY SRI. GIRISH R., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS ADDITIONAL CHIEF SECRETARY DEPARTMENT OF HOME AND PRISON VIDHANA SOUDHA, BENGALURU - 560 001. 2. CHIEF SUPERINTENDENT CENTRAL PRISON, PARAPPANA AGRAHARA BENGALURU - 560 100. 3. DIRECTOR GENERAL OF POLICE AND INSPECTOR GENERAL OF PRISON AND CORRECTIONAL SERVICES, NO.04 SESHADRI ROAD, BENGALURU - 560 009 …RESPONDENTS (BY SMT. SARITHA KULKARNI, AGA FOR RESPONDENTS) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE PAROLE REJECTION ENDORSEMENT DATED 27-04-2026 BEARING REFERENCE NO. BCP/J3/581/2026 VIDE ANNEXURE-A AND CONSEQUENTLY B) PASS ORDER/DIRECTION BY THE NATURE OF WRIT OF MANDAMUS TO THE RESPONDENT NO.02 TO RELEASE THE HUSBAND OF THE Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010464732026 NC: 2026:KHC:38512 WP No. 21161 of 2026 PETITIONER I.E. NAWAZ KHAN AT KAALU BEARING CTP NO. 15115 ON GENERAL PAROLE FOR THE PERIOD OF 90 DAYS. 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 mother of detenu-Nawaz Khan @ Kaalu (CTP No.15115) is before this Court seeking for the following reliefs; a. Set aside the Parole rejection endorsement dated 27-04- 2026 bearing reference no. BCP/J3/581/2026 vide Annexure-A and consequently b) Pass order/direction by the nature of writ of mandamus to the Respondent No.02 to release the husband of the Petitioner i.e. Nawaz Khan @ Kaalu bearing CTP NO. 15115 on General Parole for the period of 90 days. c) Also grant any additional order/direction that this Hon'ble court may deem fit to grant under the facts and circumstances in the interest of justice and Equity. 2. The detenu had been convicted in Spl.C.No.1653/2023 for offences under Section 376(3) of IPC and under Section 4(2) of POCSO Act, 2012 by the Additional City Civil and Sessions Judge Court, FTSC-III, Bengaluru City and sentenced on 07.02.2025 with the highest of the sentence being imprisonment for 20 years each. The detenu has served a period of 03 years 22 days of imprisonment - 3 - HC-KAR CNR: KAHC010464732026 NC: 2026:KHC:38512 WP No. 21161 of 2026 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. The detenu has been convicted for the offences punishable under Section 376(3) of the IPC and Section 4(2) of the POCSO Act, 2012, and has been sentenced to undergo imprisonment for a period of 20 years for each of the offences, the sentences being directed to run concurrently. As on date, the detenu has undergone only 3 years, 0 months and 22 days of the sentence imposed. In view thereof, I am of the considered opinion that this is not a fit case for grant of parole at this stage. 4. Reserving liberty to the petitioner to approach this Court after the detenu has undergone a substantial portion of the sentence imposed, the petition stands dismissed. Sd/- (SURAJ GOVINDARAJ) JUDGE SR LIST NO.: 2 SL NO.: 26