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2026 DAILYLAW 38947 (KAR)

SMT. HANUMAMMA v. THE STATE OF KARNATAKA

WP/23909/2026 · 2026-09-03

Suraj Govindaraj

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010531732026 NC: 2026:KHC:48138 WP No. 23909 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 23909 OF 2026 (GM-POLICE) BETWEEN: SMT. HANUMAMMA W/O. LATE RANGAPPA, AGED ABOUT 85 YEARS, R/AT GUBBI TALUK, MANIKUPPE VILLAGE, TUMKURU DISTRICT, KARNATAKA-572 213. (MOTHER OF CONVICT CURRENTLY SERVING THE IMPRISONMENT AT CENTRAL PRISON, BENGALURU CONVICT PRISONER NO. 13059) …PETITIONER (BY SRI. 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, PARAPPANA AGRAHARA, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010531732026 NC: 2026:KHC:48138 WP No. 23909 of 2026 ELECTRONIC CITY POST, BENGALURU-560 100. …RESPONDENTS (BY SRI. PANINI A.H., AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT ORDER OR DIRECTION IN THE NATURE OF MANDAMUS TO THE RESPONDENTS, FOR EXTENSION OF PAROLE GRANTED BY THIS HON'BLE COURT BY 60 DAYS TO THE CONVICT, SHIVALINGAIAH AT SHIVA AT SHIVAKUMAR S/O RANGAPPA (CTP NO. 13059) AND ETC. THIS WRIT 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 – mother of the detenu–Shivalingaiah @ Shiva @ Shivakumar (CTP No.13059) is before this Court seeking for the following reliefs: (a) Issue a Writ order or direction in the nature of Mandamus to the Respondents, for extension of parole granted by this Hon'ble Court by 60 days to the Convict, Shivalingaiah @ Shiva @ Shivakumar S/o Rangappa (CTP No. 13059) (b) Pass such other orders/ directions considering the facts and circumstances of the case, together with costs, in the interest of justice 2. The detenu had been convicted in S.C.No.755/2012 for offences under Sections 302, 120B, 201 of IPC by the LII Additional City Civil and Sessions Judge, - 3 - HC-KAR CNR: KAHC010531732026 NC: 2026:KHC:48138 WP No. 23909 of 2026 Bengaluru and sentenced on 07.10.2022 with the highest of the sentence being imprisonment for life. The detenu has served a period of 14 years 19 days of imprisonment as on 11.03.2026 and his conduct in jail is said to be satisfactory. The petitioner having made an application for parole, the same came to be rejected on account of one case pending for trial against the detenu in Crime No.851/2016. 3. This Court had granted parole vide order dated 22.06.2026. The detenu has surrendered on 04.08.2026. During the time that the detenu was on parole, there is no complaint as regards the conduct of the detenu. 4. Learned counsel for the petitioner submits that the detenu had been granted parole for the first time in 14 years, the said parole may be extended by a further period of 60 days. 5. Considering that there is no complaint against the detenu during the time of parole and the detenu has served 14 years 19 days as on 11.03.2026, this Court is of the considered of opinion that the said parole could be extended by a period of 60 days which is the maximum period per year. Hence, I pass the following: - 4 - HC-KAR CNR: KAHC010531732026 NC: 2026:KHC:48138 WP No. 23909 of 2026 ORDER i) The Writ Petition is allowed. ii) Respondent–Chief Superintendent, Central Prison, Bangalore, is directed to release the detenu–Shivalingaiah @ Shiva @ Shivakumar (CTP No.13059) on parole for a period of 60 days commencing from 15.09.2026, subject to the following conditions: a) The detenu–Shivalingaiah @ Shiva @ Shivakumar (CTP No.13059) 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: KAHC010531732026 NC: 2026:KHC:48138 WP No. 23909 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 to comply with all other formalities before the date fixed for release. Sd/- (SURAJ GOVINDARAJ) JUDGE KTY List No.: 2 Sl No.: 10