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2026 DAILYLAW 34153 (KAR)

SMT DEVIKA DEVI v. THE STATE OF KARNATAKA

WP/23590/2026 · 2026-08-11

Suraj Govindaraj

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010518782026 NC: 2026:KHC:42344 WP No. 23590 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 23590 OF 2026 (GM-POLICE) BETWEEN: SMT. DEVIKA DEVI S/O SHIVSHANKAR MAHTO, AGED ABOUT 31 YEARS, R/AT WARD-9, FATKI KUTTI FATKI, BANKI, MADHUBANI BANKI, MEDHUBANI BANKI, BIHAR - 847 408. …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. SARITA KULKARNI, AGA) Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010518782026 NC: 2026:KHC:42344 WP No. 23590 of 2026 THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTION DIRECTING THE RESPONDENTS TO CONSIDER AND GRANT EXTENSION OF GENERAL PAROLE TO THE PETITIONER, SRI. SHIVASHANKAR MAHATHO (CTP NO. 13029), IN ACCORDANCE WITH THE PROVISIONS OF THE KARNATAKA PRISON RULES AND OTHER APPLICABLE PROVISIONS OF LAW AND DIRECTION DIRECTING RESPONDENT NO.2 TO RELEASE THE PETITIONER, SRI. SHIVASHANKAR MAHATHO (CTP NO. 13029), ON EXTENSION OF GENERAL PAROLE FOR SUCH FURTHER PERIOD AS THIS HONBLE COURT DEEMS FIT AND PROPER IN THE FACTS AND CIRCUMSTANCES OF THE CASE. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Learned AGA accepts notice for respondent Nos.1 to 3. 2. The petitioner is before this Court seeking for the following relief/s: “a) Issue a writ of Mandamus or any other appropriate writ, order or direction directing the Respondents to consider and grant extension of General Parole to the Petitioner, Sri. Shivashankar Mahatho (CTP No. 13029), in accordance with the provisions of the Karnataka Prison Rules and other applicable provisions of law; b) Issue a writ of Mandamus or any other appropriate writ, order or direction directing Respondent No.2 to release the Petitioner, Sri. Shivashankar Mahatho (CTP No. 13029), on extension of General Parole for such further period as this Hon'ble Court deems fit and proper in the facts and circumstances of the case; - 3 - HC-KAR CNR: KAHC010518782026 NC: 2026:KHC:42344 WP No. 23590 of 2026 c) Pass such other or further writ, order or direction as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, in the interest of justice and equity.” 3. The petitioner has sought for a mandamus directing the respondents to grant extension of the general parole which had earlier been granted by respondent No.3. 4. The submission of learned counsel for the petitioner is that the extension has now been rejected by respondent No.3 vide Annexure A. 5. A perusal of Annexure-A indicates that the petitioner had been granted parole for a period from 18.05.2026 to 18.06.2026. However, before the said period expired and before he surrendered, the petitioner had made an application for extension of parole on 25.05.2026 itself which came to be rejected on the ground that the period of parole had not been completed and that the petitioner had not surrendered. 6. Now the petitioner is stated to have surrendered on 17.06.2026. If that be so, it would be for the petitioner to - 4 - HC-KAR CNR: KAHC010518782026 NC: 2026:KHC:42344 WP No. 23590 of 2026 make necessary application for parole to respondent No.3. 7. Reserving such liberty, petition stands disposed of. Sd/- (SURAJ GOVINDARAJ) JUDGE HA List No.: 1 Sl No.: 10