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2026 DAILYLAW 36429 (KAR)

SMT. SUSHEELA v. THE DIRECTOR GENERAL OF POLICE

WP/25783/2026 · 2026-08-19

Suraj Govindaraj

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010565162026 NC: 2026:KHC:44880 WP No. 25783 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. 25783 OF 2026 (GM-POLICE) BETWEEN: 1. SMT. SUSHEELA W/O MALLESHA, AGED ABOUT 48 YEARS R/AT NO 16, KADADARAVALLY, BELUR ROAD, SALAGAME HOBLI, HASSAN-573 219. THE PETITIONER IS THE MOTHER OF THE CONVICT PRISONER NO. 01341 SATHISHA WHO IS SERVING LIFE SENTENCE IN CENTRAL PRISON MYSORE. … PETITIONER (BY SRI. PRASHANTH R., ADVOCATE) AND: 1. THE DIRECTOR GENERAL OF POLICE PRISONS AND CORRECTIONAL SERVICES SESHADRI ROAD BENGALURU-560 002. 2. THE CHIEF SUPERINTENDENT, CENTRAL PRISON, MYSORE-570 002. 3. THE SUPERINTENDENT OF POLICE HASSAN DISTRICT HASSAN-573 201. … RESPONDENTS (BY SMT. SARITHA KULKARNI, AGA) Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010565162026 NC: 2026:KHC:44880 WP No. 25783 of 2026 THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO (A) ISSUE A WRIT ORDER OR DIRECTION IN THE NATURE OF MANDAMUS TO THE RESPONDENTS TO RELEASE THE CONVICT PRISONER NO.01341 SATHISHA S/O MALLESHA ON GENERAL PAROLE FOR A PERIOD OF 90 DAYS. 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. The petitioner who is the mother of detenu Sathisha (CTP-01341) is before this Court seeking for the following reliefs: a. Issue a Writ, Order or direction in the nature of mandamus to the Respondents to release the Convict Prisoner No.01341 Sathisha S/o Mallesha on general parole for a period of 90 days. b. 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.165/2019 for offences under Section 302 of IPC by the 2nd Additional District and Sessions Judge, Hassan and sentenced on 11.06.2025 with the highest of the sentence being imprisonment for life. The detenu has served a period of 07 years 04 months 17 days of imprisonment as on 17.06.2026 and his conduct in jail is said to be satisfactory. - 3 - HC-KAR CNR: KAHC010565162026 NC: 2026:KHC:44880 WP No. 25783 of 2026 3. An application was filed seeking grant of parole on account of a ligament tear in the left knee joint. The said application came to be rejected by the respondent on the ground that a criminal appeal filed by the petitioner is pending. The mere pendency of a criminal appeal cannot, by itself, constitute a ground for rejection of an application seeking parole. The medical certificate issued by Princess Krishnajammanni Trauma Care Centre, a Government of Karnataka-affiliated institution, clearly indicates, based on the MRI of the left knee, that the petitioner has suffered a ligament tear in the left knee joint, requiring medical attendance. 4. 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, Mysore is directed to release the detenu- detenu Sathisha (CTP-01341) on parole for a period of 60 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 - 4 - HC-KAR CNR: KAHC010565162026 NC: 2026:KHC:44880 WP No. 25783 of 2026 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. Respondents 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 are directed to comply with all other formalities before the date fixed for release. Sd/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 2 Sl No.: 2