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2026 DAILYLAW 36964 (KAR)

SRI. KRISHNA MURTHY.T G. v. THE STATE OF KARNATAKA

WP/14300/2026 · 2026-08-19

Suraj Govindaraj

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010309132026 NC: 2026:KHC:44892 WP No. 14300 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. 14300 OF 2026 (GM-POLICE) BETWEEN: 1. SRI. KRISHNA MURTHY.T G. AGED ABOUT 76 YEARS, S/O. GOVINDAPPA, R/O. KOTE CAMPE, DIBBADAHATTI VILLAGE, THARIKERE POST AND TALUK, CHIKKAMANGALURU DISTRICT-577 288, PRESENTLY AT SHIVAMOGGA CENTRAL PRISON, SHIVAMOGGA-577 401 … PETITIONER (BY SRI. D. NAGARAJA., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HOME AFFAIRS, VIDHANA SOUDHA, BENGALURU - 560 001. 2. THE DIRECTOR GENERAL OF POLICE, KARNATAKA PRISON AND CORRECTIONAL SERVICES, SHESHADRI ROAD, GANDHINAGAR, BENGALURU - 560 009 3. THE SUPERINTENDENT OF POLICE, CHIKKAMAGALURU DISTRICT, CHIKKAMAGALURU-577 101. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010309132026 NC: 2026:KHC:44892 WP No. 14300 of 2026 4. THE CHIEF SUPERINTENDENT, CENTRAL PRISON, SHIVAMOGGA-577 401 … RESPONDENTS (BY SRI. PANINI A.H., AGA) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER / ENDORSEMENT DATED 29.01.2026 PASSED BY THE RESPONDENTS AS PER ANNEXURE-A BEARING NO.DGPCSB/JDLC/ SEC4/9/2026-JUDCL AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioner-detenu T.G.Krishnamurty (CTP No.01398) is before this Court seeking for the following reliefs: a. Issue Writ of Certiorari by quashing the impugned order/endorsement dated 29-01-2026 passed by the respondents, as per Annexure-A bearing No. DGPCSB/JDLC/ SEC4/9/2026-JUDCL b. Consequently, directing the respondents to release the petitioner on general parole as prayed for by him. c. Grant such other relief/s as the situation demands by moulding the prayer in the interest of justice and equity. 2. The detenu had been convicted in S.C.No.130/2002 (Crl.A.No.557/2006, Crl.A.No.1265/2012) for - 3 - HC-KAR CNR: KAHC010309132026 NC: 2026:KHC:44892 WP No. 14300 of 2026 offences under Section 302, 307 r/w 34 of IPC by the 2nd Additional District and Sessions Judge, Chikkamagaluru and sentenced on 07.11.2023 with the highest of the sentence being imprisonment for life. The detenu has served a period 9 years 8 months 26 days as on 23.07.2026 and earned a remission of 1 year 7 months 18 days and his conduct in jail is said to be satisfactory. The petitioner having made an application for parole, the same came to be rejected on account of adverse report having received by the police. 3. A perusal of the police report indicates that it deals with the conviction of the detenu and does not cover any issue as regards the petitioner is at flight risk and/or could cause any harm or injury to the victim/s or victim/s causing any harm to the detenu. 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: - 4 - HC-KAR CNR: KAHC010309132026 NC: 2026:KHC:44892 WP No. 14300 of 2026 ORDER i. The Writ Petition is allowed. ii. Respondent–Chief Superintendent, Central Prison, Shivamogga is directed to release the detenu- T.G.Krishnamurty (CTP No.01398) 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. 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. - 5 - HC-KAR CNR: KAHC010309132026 NC: 2026:KHC:44892 WP No. 14300 of 2026 iii. The Registry is directed to communicate the order to the prison authority for its immediate execution, through the E-Prison Module. 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.: 17