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2026 DAILYLAW 33627 (KAR)

SRI. SHIVARAJU S v. THE DIRECTOR GENERAL OF POLICE

WP/25296/2026 · 2026-08-12

Suraj Govindaraj

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010560842026 NC: 2026:KHC:43014 WP No. 25296 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 25296 OF 2026 (GM-POLICE) BETWEEN: SRI. SHIVARAJU S S/O SOMEGOWDA, AGED ABOUT 29 YEARS, R/AT IGGALURU, VIRUPAKSHIPURA HOBLI, CHANNAPATNA, RAMANAGARA 562 138 (GRANDSON OF THE CONVICT PRISONER CTP 14331, WHO IS CURRENTLY SERVING IMPRISONMENT IN CENTRAL PRISON, BENGALURU. …PETITIONER (BY SRI. VIJAYA PRASSAD., ADVOCATE) AND: 1. THE DIRECTOR GENERAL OF POLICE PRISONS AND CORRECTIONAL SERVICES NO. 9 SHESHADRI ROAD, GANDHI NAGAR BENGALURU-560 009 2. THE STATE OF KARNATAKA REP BY THE PRINCIPAL SECRETARY HOME DEPARTMENT, VIDHANA SOUDHA BENGALURU 560 001 3. THE CHIEF SUPERINTENDENT CENTRAL PRISON, PARAPPANA AGRAHARA ELECTRONIC CITY POST Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010560842026 NC: 2026:KHC:43014 WP No. 25296 of 2026 BENGALURU-560 100 …RESPONDENTS (BY SMT. SARITHA KULKARNI., AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT ORDER OR DIRECTION IN THE NATURE OF MANDAMUS TO THE RESPONDENTS TO CONSIDER THE CASE OF THE CONVICT ON PERMANENT REMISSION IN LIGHT OF THE JUDGEMENT PASSED BY THE HON'BLE APEX COURT IN WP (CRIMINAL) NO. 162/2025, DATED 16/JUL/2026, WHICH IS PRODUCED HEREWITH AS 'ANNEXURE - E' AND ETC. 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 – grandson of the detenu – Annappa (CTP No.14331) is before this Court seeking for the following reliefs: a) Issue a writ or order or direction in the nature of mandamus to the respondents to consider the case of the Convict on permanent remission in light of the Judgement passed by the Hon’ble Apex Court in WP (Criminal) No. 162/2025, dated 16/Jul/2026, which is produced herewith as Annexure-E; b) Issue a writ order or Direction in the nature of Mandamus to the respondents to release the Convict Annappa S/o Thantegowda (bearing CTP No.14331) on Parole. c) Pass such other order/s directions considering the facts and circumstances of the case, together with costs in the interest of justice. - 3 - HC-KAR CNR: KAHC010560842026 NC: 2026:KHC:43014 WP No. 25296 of 2026 2. The Department of Prisons vide order dated 10.07.2026 at Annexure-D granted parole to the detenu for a period of 30 days. 3. The above petition has been filed for extension of parole period on the ground that the detenu has been diagnosed with advanced squamous cell carcinoma and undergoing chemotherapy at Sri Shankara Cancer Hospital and Research Centre. In that background, an extension of parole by period of 60 days is being sought for. 4. Learned AGA was directed to secure instruction when the matter was moved to ascertain if the contention taken up is correct and the medical certificate is authentic one. 5. Learned AGA on instructions submits that the said medical certificate is authentic and the medical condition of the petitioner is not all that good. 6. Considering the said submission and taking into consideration medical certificate, the detenu being 72 years of age, suffering from carcinoma and - 4 - HC-KAR CNR: KAHC010560842026 NC: 2026:KHC:43014 WP No. 25296 of 2026 undergoing chemotherapy, though it is contended that the period of 90 days available for the detenu for parole is already completed, as an exceptional case taking into consideration the above aspects, the detenu is granted 90 more days of parole. Hence, this Court passes the following: ORDER i) The Writ Petition is allowed. ii) The concerned respondent is directed to continue the parole of the detenu – Annappa (CTP No.14331) granted earlier by respondent No.1 on 10.07.2026 for a further period of 90 days without the requirement of detenu surrendering 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.2- State of Karnataka shall stipulate strict conditions as are usually - 5 - HC-KAR CNR: KAHC010560842026 NC: 2026:KHC:43014 WP No. 25296 of 2026 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. v) Respondents are directed to act on the operative portion of the order without insisting on the reasoning portion. vi) Learned AGA to inform the respondents about the aforesaid order. Sd/- (SURAJ GOVINDARAJ) JUDGE PRS List No.: 3 Sl No.: 1