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2026 DAILYLAW 36720 (KAR)

CHIKKA DEVAMMA v. STATE OF KARNATAKA

WP/25807/2026 · 2026-08-27

Suraj Govindaraj

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010566922026 NC: 2026:KHC:46274 WP No. 25807 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 25807 OF 2026 (GM-POLICE) BETWEEN: CHIKKA DEVAMMA W/O NINGALA AGE ABOUT 46 YEARS MOTHER OF CONVICT MAHADEVA @ MAHADEVASWMY CTP 00199 R/O ANTHARASANTE HOBLI HD KOTE TALUK MACCHARE, MYSORE KARNATAKA 571114 …PETITIONER (BY SRI. SIRAJUDDIN AHMED.,ADVOCATE) AND: 1. STATE OF KARNATAKA HOME DEPARTMENT, THROUGH PRINCIPAL SECRETARY VIDHANA SOUDHA, BENGALURU - 560001. 2. CHIEF SUPERINTENDENT CENTRAL PRISON MYSURU-570007. 3. SHO BEECHANAHALLI P.S KARNATAKA-571116. (JURISDICTIONAL POLICE STATION) …RESPONDENTS (BY SMT. SARITHA KULKARNI., AGA) Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010566922026 NC: 2026:KHC:46274 WP No. 25807 of 2026 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NO.2 TO RELEASE THE PETITIONER'S SON MAHADEVA AT MAHADEVASWAMY CTP -00199 ON GENERAL PAROLE FOR A PERIOD OF 90 DAYS IN ORDER TO GROW CROPS AND FOR OTHER AGRICULTURAL PURPOSES AND ETC. THIS WRIT 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 the respondents. 2. The petitioner – mother of the detenu – Mahadeva @ Mahadevaswamy (CTP No.00199) is before this Court seeking for the following reliefs: i) Direct the Respondent No.2 to release the petitioner’s son Mahadev @ Mahadevaswamy CTP- 00199 on general parole for a period of 90 days in order to grow crops and for other agricultural purposes. ii) Pass any other order(s) which this Court may deem fit and proper under the facts and circumstances of the case, in the interest of justice and equity. 3. The detenu had been convicted in S.C.No.402/2016 for offences under Section 5(m) r/w 6 of POCSO Act by the Additional District and Sessions Judge, & FTSC-1, Mysuru and sentenced on 03.11.2020 with the imprisonment for 10 years. The detenu has - 3 - HC-KAR CNR: KAHC010566922026 NC: 2026:KHC:46274 WP No. 25807 of 2026 served a period of 6 years 7 months 20 days of imprisonment as on 04.07.2026 and his conduct in jail is said to be satisfactory. The petitioner having made an application for parole, the same came to be rejected. 4. The learned counsel of the petitioner submits that the detenu has undergone incarceration for a period of 6 years 7 months and 20 days and the parole is sought to carry out the agricultural activities. 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 as also the detenu was granted parole on one occasion for 3 months, this Court passes the following: ORDER i) The Writ Petition is allowed. ii) The concerned respondent is directed to release the detenu - Mahadeva @ Mahadevaswamy (CTP No.00199) on parole for a period of 90 days commencing from 07.09.2026, subject to the following conditions: - 4 - HC-KAR CNR: KAHC010566922026 NC: 2026:KHC:46274 WP No. 25807 of 2026 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. 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.: 3 Sl No.: 1