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2026 DAILYLAW 35860 (KAR)

NAGARAJA V v. THE STATE OF KARNATAKA

WP/25967/2026 · 2026-08-19

Suraj Govindaraj

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010577932026 NC: 2026:KHC:44868 WP No. 25967 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 25967 OF 2026 (GM-POLICE) BETWEEN: 1. NAGARAJA V S/O LATE VENKATESHAPPA AGED ABOUT 42 YEARS VANIGANAHALLI, UTHANUR, KOLAR DISTRICT - 562 127 (PETITIONER'S BROTHER-IN-LAW IS A CONVICT AND REPRESENTING ON BEHALF OF HIM) B.V.RAMESHA (CTP NO.12411) S/O VENKATESHAPPA, AGED ABOUT 28 YEARS, R/AT BEEMAPURA VILLAGE, HANUMANAHALLI POST, MULBAGAL TALUK KOLAR DISTRICT - 563 139 (NOW IS IN CUSTODY CENTRAL PRISON BANGALORE) … PETITIONER (BY SRI. KARIAPPA N.A., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY, DEPARTMENT OF HOME AND PRISONS, VIDHANA SOUDHA, BENGALURU - 560 001. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010577932026 NC: 2026:KHC:44868 WP No. 25967 of 2026 2. INSPECTOR GENERAL OF PRISONS, STATE OF KARNATAKA, SHESHADRI ROAD, OPP. TO FREEDOM PARK, BENGALURU - 560 009. 3. CHIEF SUPERINTENDENT OF CENTRAL PRISON, PARAPPANA AGRAHARA, BENGALURU-560 100 (RESPONDENT NOS.1 TO 3 ARE REPRESENTED BY LEARNED GOVERNMENT ADVOCATE, HIGH COURT OF KARNATAKA BANGALORE - 560 001) … RESPONDENTS (BY SMT. SARITHA KULKARNI, AGA) THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASHING THE ENDORSEMENT DATED 30.11.2024 BEARING NO. CPB/CTP- SEC/13599/2024 AS PER ANNEXURE-A AS ILLEGAL ARBITRARY AND OPPRESSIVE AND ETC. 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 respondents. 2. The petitioner who is the brother-in-law of the detenu-B.V.Ramesha (CTP No.12411) is before this Court seeking for the following reliefs: 1. Issue a writ of certiorari or a writ or order or direction of appropriate in nature in quashing the Endorsement dated 30-11-2024 bearing No.CPB/CTP-Sec/13599/2024 as per ANNEXURE-'A' as illegal, arbitrary and oppressive - 3 - HC-KAR CNR: KAHC010577932026 NC: 2026:KHC:44868 WP No. 25967 of 2026 2. To issue a writ of mandamus or a writ or direction of appropriate in nature directing the respondents to grant 90 days General Parole to Convict by name B.V. Ramesha S/o Venkateshappa and CTP No.12411, on such terms and conditions, and 3. To issue a writ or order or direction of appropriate in nature granting such other relief or reliefs as this Hon'ble Court deems fit, to grant in the ends of justice. 3. The detenu had been convicted in S.C.No.163/2018 for offences under Section 120(B), 302 r/w 34 and 201 of IPC by the Additional District and Sessions Judge, FTSC-1, Kolar and sentenced on 22.09.2021 with the highest of the sentence being imprisonment for life. The detenu has served a period of 07 years 03 months 23 days of imprisonment as on 18.10.2025 and his conduct in jail is said to be satisfactory. 4. The petitioner made an application for parole for the purpose of carrying out agricultural work. The said application came to be rejected on the ground that a bail application filed by the petitioner was pending consideration. The mere pendency of a bail application cannot, by itself, constitute a ground for - 4 - HC-KAR CNR: KAHC010577932026 NC: 2026:KHC:44868 WP No. 25967 of 2026 rejection of an application for parole, as held by this Court in Arjun v. State of Karnataka & Ors1. 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–Chief Superintendent, Central Prison, Parappana Agrahara, Bangalore is directed to release the detenu- B.V.Ramesha (CTP No.12411) on parole for a period of 30 days commencing from 01.09.2026, 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. 1 WP No.201808 of 2023 dt.26/07/2023 - 5 - HC-KAR CNR: KAHC010577932026 NC: 2026:KHC:44868 WP No. 25967 of 2026 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. iv. The petitioner and family members of the detenu is directed to comply with all other formalities before the date fixed for release. Sd/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 2 Sl No.: 10