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2026 DAILYLAW 31028 (KAR)

SMT BHAGYAMMA v. THE DIRECTOR GENERAL OF POLICE

WP/20176/2026 · 2026-07-22

Suraj Govindaraj

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010443612026 NC: 2026:KHC:38523 WP No. 20176 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. 20176 OF 2026 (GM-POLICE) BETWEEN: SMT BHAGYAMMA W/O PUTTEGOWDA AGED ABOUT 50 YEARS R/AT NO.53, PARASAYYNA HUNDI, SRIRAMPURA, MYSORE-570008 THE PETITIONER IS THE MOTHER OF THE CONVICT PRISONER NO. 1158 YOGESHA WHO IS SERVING LIFE SENTENCE IN CENTRAL PRISON, MYSORE. …PETITIONER (BY SRI. PRADEEP PATIL.,ADVOCATE) AND: 1. 2. THE DIRECTOR GENERAL OF POLICE YESHWANTHPURA POLICE STATION SESHADRI ROAD BENGALURU-560002. THE CHIEF SUPERINTENDENT CENTRAL PRISON, MYSORE-570002. …RESPONDENTS (BY SMT. SARITHA KULKARNI., AGA) Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010443612026 NC: 2026:KHC:38523 WP No. 20176 of 2026 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT ORDR OR DIRECTION IN THE NATURE OF CERTIORARI TO QUASH THE ENDORSEMENT DATED 11/06/226 VIDE NO. KE.KAA.MY/J1/3483/2026-27 PRODUCED AS ANNEXURE-C PASSED BY THE R2 AND ETC. THIS WRIT 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 the detenu- Yogesha P (CTP No.01158) is before this Court seeking for the following reliefs: a. Issue a Writ order or direction in the nature of certiorari to quash the endorsement dated 11- 06-2026 vide No. ΚΕ.ΚΑΑ.MY/J1/3483/2026-27 produced as ANNEXURE-C passed by the Respondent No 2. b. Issue a Writ Order or direction in the nature of mandamus to the Respondents to release the Convict prisoner No 1158 Yogesha P S/o Puttegowda on general parole for a period of 90 days. c. Pass such other orders/ directions considering the facts and circumstances of the case together as to costs in the interest of justice. 2. The detenu had been convicted in S.C.No.154/2020 for offences under Section 504, 302 of IPC by the 5th Additional District and Sessions Judge, Myosre and - 3 - HC-KAR CNR: KAHC010443612026 NC: 2026:KHC:38523 WP No. 20176 of 2026 sentenced on 13.12.2024 with the highest of the sentence being imprisonment for life. The detenu has served a period of 6 years 4 months 18 days of imprisonment as on 17.06.2026 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 present application has been filed by the mother of the detenu seeking the release of the detenu for the first time. The said application came to be rejected on the ground that another criminal case, namely C.C. No.5498 of 2020, is pending against the detenu. A perusal of the said case indicates that the allegations therein pertain to offences punishable under Sections 341, 324, 504, 506 and 304 of the IPC, which are less grave than the offence alleged in the present case, namely under Section 302 of the IPC. 4. 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. - 4 - HC-KAR CNR: KAHC010443612026 NC: 2026:KHC:38523 WP No. 20176 of 2026 5. 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. ii. Respondent No.2–The Chief Superintendent, Central Prison, Mysore is directed to release the detenu- Yogesha P (CTP No.01158) 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- The Director General of Police, Prisons & Correctional Services shall stipulate strict conditions as are usually stipulated to ensure return of the detenu to - 5 - HC-KAR CNR: KAHC010443612026 NC: 2026:KHC:38523 WP No. 20176 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 are directed to comply with all other formalities before the date fixed for release. Sd/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 2 Sl No.: 19