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2026 DAILYLAW 30954 (KAR)

SMT. DEVAMMA v. THE STATE OF KARNATAKA

WP/21437/2026 · 2026-07-22

Suraj Govindaraj

Transfer Petitionbody2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010470622026 NC: 2026:KHC:37775 WP No. 21437 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. 21437 OF 2026 (GM-POLICE) BETWEEN: SMT. DEVAMMA W/O G.K. KRISHNAIAH AGED ABOUT 51 YEARS R/O SIDDAPURA ROAD GANANGOORU, K.SHETTAHALLI HOBLI SRIRANGAPATNA TALUK T.M.HOSUR, MANDYA DISTRICT KARNATAKA – 571 807. (MOTHER OF CONVICT PRISONER SRI CHANDRASHEKARA @ CHANDRA CTP NO.01283, CURRENTLY LODGED AT 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 Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010470622026 NC: 2026:KHC:37775 WP No. 21437 of 2026 ASHOKA ROAD, MYSURU-570 007. …RESPONDENTS (BY SMT. SARITHA KULKARNI, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE IMPUGNED ENDORSEMENT DATED 21.05.2026 BEARING NO.SANKYE:KEKAMYJ:3003:2026 PRODUCED AS ANNEXURE-C, ISSUED THE BY RESPONDENT NO.2/CHIEF SUPERINTENDENT, CENTRAL PRISON, MYSURU, REJECTING THE PAROLE APPLICATION OF THE PETITIONERS SON. THIS PETITION, COMING ON FOR FRESH MATTERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioner – mother of the detenu – Chandrashekara @ Chandra (CTP No.01283) 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 endorsement dated 21.05.2026 bearing No.SANKYE:KEKAMYJ:3003:2026 produced as ANNEXURE-'C', Issued by the Respondent No.2/Chief Superintendent, Central Prison, Mysuru, rejecting the parole application of the Petitioner's son; b) Issue a writ of mandamus or any other appropriate writ, order or direction directing the Respondent Authorities to release Convict Prisoner Sri. Chandrashekara @ Chandra, S/o Late Krishnaiah, CTP No.01283, presently lodged in Central Prison, Mysuru, on parole for a period of 90 days to enable him to attend to and oversee the repair of the family dwelling - 3 - HC-KAR CNR: KAHC010470622026 NC: 2026:KHC:37775 WP No. 21437 of 2026 house, on such conditions as this Hon'ble Court may impose; 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.5053/2021 for offence under Section 302, 120(B), 307, 506, 201 r/w 149 of IPC by 3rd Additional District and Sessions Judge, Mandya (Sitting at Shreerangapatna) and sentenced on 24.03.2025 with the highest of the sentence being imprisonment for life. The detenu has served a period of 5 years 9 months 15 days of imprisonment as on 31.05.2026 and his conduct in jail is said to be satisfactory. The detenu having made an application for general parole, the same came to be rejected. Hence, the petitioner is before this Court seeking for the aforesaid reliefs. 3. The learned counsel for the petitioner submits that the house of the detenu is in a dilapidated condition and requires immediate repair. Photographs have been produced to that effect. 4. In that view of the matter, taking into consideration the conduct of the detenu has been satisfactory while - 4 - HC-KAR CNR: KAHC010470622026 NC: 2026:KHC:37775 WP No. 21437 of 2026 incarcerated, there is no particular complaint against the detenu, this Court passes the following: ORDER i) The Writ Petition is allowed. ii) The concerned respondent is directed to release the detenu - Chandrashekara @ Chandra (CTP No.01283) on parole for a period of 30 days commencing from 03.08.2026, 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. - 5 - HC-KAR CNR: KAHC010470622026 NC: 2026:KHC:37775 WP No. 21437 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 PRS List No.: 2 Sl No.: 3