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2026 DAILYLAW 36458 (KAR)

SRI MANJUNATHA H P v. THE STATE OF KARNATAKA

WP/22525/2026 · 2026-08-19

Suraj Govindaraj

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010498432026 NC: 2026:KHC:44864 WP No. 22525 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. 22525 OF 2026 (GM-POLICE) BETWEEN: SRI MANJUNATHA H P S/O LATE PUTTASWAMAPPA, AGED ABOUT 45 YEARS, RESIDING AT LINGAYATARA BEEDI, K.S. HUNDI POST, HEJJIGE VILLAGE, NANJANGUD TALUK, MYSURU DISTRICT - 571302. (BROTHER OF CONVICT PRISONER CTP NO. 01100, SRI. KARUNAKUMARA @ KUMAR PRESENTLY LODGED IN CENTRAL PRISON, MYSURU) …PETITIONER (BY SRI. ADITYA S K., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY THE PRINCIPAL SECRETARY, HOME DEPARTMENT, VIDHANA SOUDHA, BENGALURU 560 001. 2. THE DIRECTOR GENERAL OF POLICE PRISONS AND CORRECTIONAL SERVICES, NO. 9, SHESHADRI ROAD, GANDHI NAGAR, BENGALURU 560 009. 3. THE CHIEF SUPERINTENDENT CENTRAL PRISON, MYSURU, ASHOKA ROAD, NEAR FOUNTAIN CIRCLE, MYSURU 570 007. …RESPONDENTS (BY SRI.PANINI.A.H., AGA) Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010498432026 NC: 2026:KHC:44864 WP No. 22525 of 2026 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION QUASHING THE IMPUGNED ENDORSEMENT DATED 05.07.2026 BEARING NO. SANKYE. KEKAMY.J1.3286.2026, ANNEXURE-C, BY THE PRODUCED AS ISSUED RESPONDENT NO.3/CHIEF SUPERINTENDENT, CENTRAL PRISON, MYSURU, DECLARING CONVICT PRISONER SRI. KARUNAKUMARA AT KUMAR, CTP NO. 01100, INELIGIBLE FOR GRANT OF GENERAL PAROLE AND ETC. THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioner – brother of the detenu – Karunakumara @ Kumar (CTP No.01100) is before this Court seeking for the following reliefs: a. Issue a writ of certiorari or any other appropriate writ, order or direction quashing the impugned endorsement dated 05.07.2026 bearing No. SANKYE: KEKAMY:J1:3286:2026, produced as ANNEXURE-'C', issued the Respondent No.3/Chief Superintendent, Central Prison, Mysuru, declaring Convict Prisoner Sri. Karunakumara @ Kumar, CTP No. 01100, ineligible for grant of General Parole; b. Issue a writ of mandamus or any other appropriate writ, order or direction directing the Respondent Authorities to consider and grant the Convict Prisoner Sri. Karunakumara @Kumar, S/o Late Puttaswamappa, CTP No. 01100, on General Parole for a period of 90 days, to enable him to undertake and supervise the renovation of the family's dilapidated dwelling house situated at - 3 - HC-KAR CNR: KAHC010498432026 NC: 2026:KHC:44864 WP No. 22525 of 2026 Hejjige Village, K.S. Hundi Post, Nanjangud Taluk, Mysuru District, on such conditions as this Hon'ble Court may impose; c. Pass such other order or direction as this Hon'ble Court deems fit in the interest of justice and equity. 2. The detenu had been convicted in S.C.No.79/2013 for offences under Section 302, 201, 465, 471 of IPC by the 3rd Additional District and Sessions Judge, Mysuru and sentenced on 09.10.2024 with the highest of the sentence being imprisonment for life. The detenu has served a period of 6 years 10 months 12 days of imprisonment as on 18.05.2026 and his conduct in jail is said to be satisfactory. 3. The detenu having made an application for parole, the same came to be rejected on the ground that there was an appeal pending before the Hon’ble High Court. 4. This Court has considered the said issue in WP No.101311/2025 and has categorically held that pendency of the appeal cannot be a ground for rejection of an application for parole. 5. The conduct of the detenu during the incarceration being satisfactory, the application which has been - 4 - HC-KAR CNR: KAHC010498432026 NC: 2026:KHC:44864 WP No. 22525 of 2026 filed being for repair of the house, perusal of the photographs indicate that the house requires repairs, this Court is of the considered opinion that parole ought to have been granted instead of rejection on the aforesaid ground. 6. 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, this Court passes the following: ORDER i) The Writ Petition is allowed. ii) The concerned respondent is directed to release the detenu - Karunakumara @ Kumar (CTP No.01100) 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. - 5 - HC-KAR CNR: KAHC010498432026 NC: 2026:KHC:44864 WP No. 22525 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 to comply with all other formalities before the date fixed for release. Sd/- (SURAJ GOVINDARAJ) JUDGE PRS List No.: 2 Sl No.: 27