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2026 DAILYLAW 37834 (KAR)

CHANDRAMMA v. STATE OF KARNATAKA

WP/26744/2026 · 2026-08-27

Suraj Govindaraj

Transfer Petitionbody2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010594722026 NC: 2026:KHC:46285 WP No. 26744 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. 26744 OF 2026 (GM-POLICE) BETWEEN: CHANDRAMMA W/O NELAKANTAPPA AGED ABOUT 54 YEARS, R/AT KANGUVALLI VILLAGE, HOSADURGA TALUK, CHITRADURGA DISTRICT -577515 PETITIONER IS WIFE OF CONVICT NEELAKANTAPPA CTP NO 00348 S/O BASAPPA AGED ABOUT 61 YEARS R/AT KANGUVALLI VILLAGE, HOSADURGA TALUK, CHITRADURGA DISTRICT -577515 (NOW IS IN CUSTODY CENTRAL PRISON SHIVAMOGGA) …PETITIONER (BY SRI. KARIAPPA N.A.,ADVOCATE) AND: 1. STATE OF KARNATAKA BY HOSADURGA POLICE STATION, CHITHRADURGA-577515. 2. ADDITIONAL CHIEF SECRETORY DEPARTMENT OF HOME AND PRISON VIDHANA SOUDHA BANGALORE 560001 Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010594722026 NC: 2026:KHC:46285 WP No. 26744 of 2026 3. DIRECTOR GENERAL OF POLICE AND INSPECTOR GENERAL OF PRISON AND CORRECTIONAL SERVICES NO -4 SESHADRI ROAD BANGALORE -560009 4. CHIEF SUPERINTENDENT CENTRAL PRISON SHIVAMOGGA 577222 5. SUPERINTENDENT OF POLICE CHITRADURGA-577515 …RESPONDENTS (BY SMT. SARITHA KULKARNI., AGA) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR A WRIT OR ORDER OR DIRECTION OF APPROPRIATE IN NATURE IN QUASHING THE ENDORSEMENT DTD 8.11.2023 BY BEARING NUMBER 02/PAROLE /DCRB/CTA/2024 AS PER ANX-A AS ILLEGAL ARBITRARY AND OPPRESIVE 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 – wife of the detenu – Neelakantappa (CTP No.00348) is before this Court seeking for the following reliefs; a) Issue a writ of certiorari or a writ or order or direction of appropriate in nature in quashing the Endorsement dated 08..2023 by bearing No. - 3 - HC-KAR CNR: KAHC010594722026 NC: 2026:KHC:46285 WP No. 26744 of 2026 02/Parole/DCRB/CTA/2024 as per Annexure-A as illegal, arbitrary and oppressive. b) To issue a writ of mandamus or a writ or direction of appropriate in nature directing the respondents to grant 90 days Parole to Convict by name Neelankantappa CTP No. 00348, on such terms and conditions , and c) To issue a writ or order or direction of appropriate in nature granting such other relief or reliefs as this Hon’ble Court deems fit, to grant in the ends of justice. 3. The detenu had been convicted in Spl.C.(POCSO) No.199/2018 for offences under Section 376 (D)(B) of IPC and Section 4 and 6 of POCSO Act by the II Additional District and Sessions Judge, Chitradurga and sentenced on 16.04.2019 with the imprisonment for 20 years. The detenu has served a period of 6 years 9 months of imprisonment as on 06.02.2025 The petitioner having made an application for parole, the same came to be rejected. 4. The learned counsel of the petitioner submits that the house of the detenu is in dilapidated condition. Hence, the presence of the detenu is required to carry out house repair work. 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 - 4 - HC-KAR CNR: KAHC010594722026 NC: 2026:KHC:46285 WP No. 26744 of 2026 the detenu as also taking into consideration the photograph produced by the petitioner evidencing the need of house repair work, this Court passes the following: ORDER i) The Writ Petition is allowed. ii) The concerned respondent is directed to release the detenu - Neelakantappa (CTP No.00348) on parole for a period of 30 days commencing from 07.09.2026, 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: KAHC010594722026 NC: 2026:KHC:46285 WP No. 26744 of 2026 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.: 6