- 1 - HC-KAR CNR: KAHC010574762026 NC: 2026:KHC:44871 WP No. 25965 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. 25965 OF 2026 (GM-POLICE) BETWEEN: 1. SMT MAHADEVAMMA W/O LATE NANJAIAH AGED ABOUT 53 YEARS R/AT # 79/01 YADADORE VILLAGE T NARASIPURA TALUK MYSURU - 571 110 (MOTHER OF CONVICT CURRENTLY SERVING LIFE IMPRISONMENT AT CENTRAL PRISON, MYSURU- CONVICT PRISONER NO.00362) … PETITIONER (BY SRI/SMT. VIJAYA PRASSAD., 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, ASHOKA ROAD, NEAR FOUNTAIN CIRCLE, MYSURU - 577 222 … RESPONDENTS (BY SMT. SARITHA KULKARNI, AGA) Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010574762026 NC: 2026:KHC:44871 WP No. 25965 of 2026 THIS W.P. 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 GRANT PAROLE OF 90 DAYS TO THE CONVICT, DODDARAJU S/O LATE GADI NANJAIAH (CTP NO. 00362) 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 mother of the detenu Doddaraju (CTP No.00362) is before this Court seeking for the following reliefs: 1. Issue a Writ Order or direction in the nature of mandamus to the Respondents, to grant parole of 90 days to the Convict, Doddaraju S/o Late Gadi Nanjaiah (CTP No.00362) 2. Pass such other orders/directions considering the facts and circumstances of the case together with costs in the interest of justice. 3. A perusal of Annexure-C does not disclose the basis or reasons for the alleged adverse police report. More importantly, there is no consideration of the specific circumstances in which parole was sought by the detenu, namely, for the purpose of undertaking repairs to his house. - 3 - HC-KAR CNR: KAHC010574762026 NC: 2026:KHC:44871 WP No. 25965 of 2026 4. When a police report is called for in connection with an application for parole, the report must be specific, relevant and contextual to the purpose for which it is sought. The report cannot merely record a general or unexplained adverse opinion. In the present case, the police report was called for the purpose of assisting the competent authority in deciding whether the detenu could be released on parole. It was, therefore, incumbent upon the police to indicate whether, having regard to the circumstances of the case, the detenu could safely be released on parole and, if not, to set out the specific facts and circumstances which warranted such refusal. 5. A mere statement that the police report is adverse, without disclosing the material forming the basis of such opinion, cannot, by itself, constitute a sufficient ground for rejection of an application for parole. Such an approach would render the consideration of the application virtually mechanical and would deprive the detenu of an effective consideration of his request. This assumes greater significance when the grant or refusal of parole bears upon the personal liberty of the detenu protected under Article 21 of the Constitution of India. - 4 - HC-KAR CNR: KAHC010574762026 NC: 2026:KHC:44871 WP No. 25965 of 2026 6. In the present case, the detenu has already undergone imprisonment for 06 years, 01 month and 07 days, inclusive of remission. His conduct in prison is stated to be satisfactory. It is also not in dispute that he had earlier been granted parole for a period of 90 days and that, during the said period, there was no complaint of any violation of the conditions of parole or of any adverse conduct on his part. 7. Thus, apart from the unexplained reference to an adverse police report, there is no material placed before this Court indicating any circumstance which would justify apprehension that the detenu's release on parole would adversely affect public order, prejudice any pending proceeding, result in violation of the conditions of parole, or otherwise warrant denial of his request. 8. Having regard to the totality of the circumstances, including the period of incarceration already undergone, the remission earned, the satisfactory conduct of the detenu in prison, his previous release on parole for 90 days without any reported adverse incident, and the absence of any specific reason in the police report warranting refusal of parole, this - 5 - HC-KAR CNR: KAHC010574762026 NC: 2026:KHC:44871 WP No. 25965 of 2026 Court is of the considered opinion that the request of the detenu for parole deserves to be accepted. 9. Accordingly, the detenu is entitled to be released on parole, subject to such reasonable conditions as may be imposed by the competent authority to ensure his availability and compliance with the conditions of release. 10. Before parting with the matter, this Court considers it appropriate to issue certain general directions regarding the manner in which police reports are to be furnished in cases where reports are sought in connection with applications for parole. A police report is intended to assist the competent authority in arriving at an informed decision and, if there is a rejection by the competent authority, to assist this Court in arriving at an informed decision. It must, therefore, contain relevant, specific and verifiable material and cannot consist merely of a bald opinion that the report is “adverse”. 11. Accordingly, the Director General and Inspector General of Police, Karnataka, is directed to issue appropriate instructions to all Commissioners of Police and Superintendents of Police in the State to ensure that, whenever a police report is sought in - 6 - HC-KAR CNR: KAHC010574762026 NC: 2026:KHC:44871 WP No. 25965 of 2026 relation to an application for parole, the report shall, to the extent applicable, specifically indicate the following: 1. the date on which the report was requisitioned and the authority by whom it was requisitioned; 2. the particulars of the detenu, including his name, age, prison in which he is lodged, case number, offence for which he was convicted and the sentence imposed; 3. the specific purpose for which parole has been sought, as disclosed in the application; 4. the proposed period of parole and the place where the detenu proposes to stay during the period of parole; 5. the name, address and relationship of the person(s) with whom the detenu proposes to reside or who are stated to be connected with the purpose for which parole is sought; 6. verification of the purpose for which parole is sought, including, wherever relevant, verification of the requirement for house repairs, medical treatment, family - 7 - HC-KAR CNR: KAHC010574762026 NC: 2026:KHC:44871 WP No. 25965 of 2026 circumstances, agricultural operations, funeral, marriage or any other ground relied upon by the detenu; 7. the details of any criminal cases registered against the detenu subsequent to his conviction, including the case number, sections invoked, present stage of the proceedings and, where relevant, whether the case has resulted in conviction, acquittal, discharge or is pending investigation or trial; 8. whether any criminal case or other adverse proceeding is presently pending against the detenu, if so the details thereof, stage of proceedings and whether the same has any bearing upon the request for parole; 9. details of any previous release of the detenu on parole, furlough or temporary release, including the period of such release and whether the detenu returned to prison within the prescribed time; 10. whether there was any violation of the conditions imposed during any previous parole, furlough or temporary release and, if so, the - 8 - HC-KAR CNR: KAHC010574762026 NC: 2026:KHC:44871 WP No. 25965 of 2026 specific nature of such violation and the action taken thereon; 11. whether any complaint, criminal case or other adverse incident was reported during any previous period of parole or temporary release; 12. the antecedents of the detenu which are relevant to the consideration of the application, without relying upon vague, unverified or stale allegations; 13. the specific apprehension, if any, regarding the release of the detenu on parole, including any apprehension of commission of an offence, breach of peace, intimidation of witnesses, interference with the administration of justice, or threat to any person; 14. the factual basis for each such apprehension, including the date, place, persons involved and the material on the basis of which the apprehension is expressed; 15. whether the proposed place of stay during parole is within the jurisdiction of the reporting police station and, if not, the police station having jurisdiction over such place; - 9 - HC-KAR CNR: KAHC010574762026 NC: 2026:KHC:44871 WP No. 25965 of 2026 16. whether any person or circumstance identified by the police requires specific monitoring or the imposition of any particular condition during the period of parole; 17. whether the purpose for which parole is sought can be verified independently and, if so, the result of such verification; 18. any other specific circumstance which, in the opinion of the reporting officer, has a direct and material bearing upon the question whether parole ought to be granted; 19. where the report recommends rejection of the application, the report shall specifically state the reasons for such recommendation, supported by the relevant facts and material; and 20. the name, rank, designation and contact details of the officer who has prepared the report and the officer who has verified or approved the same. 12. The report shall clearly distinguish between: 1. facts verified by the police; - 10 - HC-KAR CNR: KAHC010574762026 NC: 2026:KHC:44871 WP No. 25965 of 2026 2. information received from third parties; 3. pending criminal proceedings or allegations which have not culminated in conviction; and 4. the assessment or apprehension of the reporting officer. 13. A mere reference to an allegation, intelligence input or “adverse antecedents” shall not, by itself, be treated as a sufficient reason for recommending rejection of parole unless the relevant facts and the basis for the apprehension are set out. 14. It is further directed that, where the police recommend rejection of an application for parole, the report shall specifically answer the following question: “What specific circumstance makes the release of the detenu on parole unsafe, inappropriate or otherwise contrary to the applicable rules?” 15. The answer shall be based upon identifiable facts and shall not be confined to a general expression of opinion. - 11 - HC-KAR CNR: KAHC010574762026 NC: 2026:KHC:44871 WP No. 25965 of 2026 16. The police authorities shall also bear in mind that the question whether parole is to be granted is ultimately for the competent authority under the applicable law and rules to decide. The function of the police is to furnish relevant, objective and verified information to enable such authority to make an informed decision. The police report shall not proceed on the assumption that an application for parole is to be rejected merely because the detenu has been convicted of a serious offence. 17. The fact that the detenu is undergoing a sentence of imprisonment, including imprisonment for life, may constitute the background against which the application is considered; however, the police report shall address the specific request for temporary release on parole and the circumstances relevant to that request. The report must, therefore, be contemporaneous and connected with the purpose for which it is called for. 18. The Director General and Inspector General of Police, Karnataka, shall ensure that the aforesaid directions are circulated to all Commissioners of Police, Superintendents of Police and other police authorities concerned and that an appropriate reporting format - 12 - HC-KAR CNR: KAHC010574762026 NC: 2026:KHC:44871 WP No. 25965 of 2026 incorporating the above particulars is prescribed for use throughout the State. 19. It is further directed that no application for parole shall be rejected merely by recording that the police report is “adverse” unless the competent authority has before it the specific reasons and relevant material forming the basis of such adverse opinion and has independently considered the same in accordance with law. 20. The above directions are intended to bring about uniformity, transparency and objectivity in the preparation of police reports and to ensure that applications for parole, which involve consideration of the personal liberty of a prisoner, receive meaningful and reasoned consideration by the competent authority. 21. The Director General and Inspector General of Police, Karnataka and the Inspector General of Police, Police Computer Wing shall also establish a suitable information technology platform to address the above. 22. As such this Court passes the following; - 13 - HC-KAR CNR: KAHC010574762026 NC: 2026:KHC:44871 WP No. 25965 of 2026 ORDER i. The Writ Petition is allowed. ii. Respondent–Chief Superintendent, Central Prison, Ashok Road, Near Fountain Circle, Mysuru is directed to release the detenu- Doddaraju (CTP No.00362) on parole for a period of 90 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. 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. - 14 - HC-KAR CNR: KAHC010574762026 NC: 2026:KHC:44871 WP No. 25965 of 2026 iv. The petitioner and family members of the detenu are directed to comply with all other formalities before the date fixed for release. v. Though the above matter is disposed, relist on 28.09.2026 to report compliance with the general directions; learned AGA is directed to bring the above directions to the Director General of police. Sd/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 2 Sl No.: 8