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2026 DAILYLAW 38955 (KAR)

SMT SOWBHAGYA v. THE STATE OF KARNATAKA

WP/24130/2026 · 2026-09-03

Suraj Govindaraj

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010530542026 NC: 2026:KHC:48135 WP No. 24130 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. 24130 OF 2026 (GM-POLICE) BETWEEN: SMT SOWBHAGYA W/O SOMASHEKHARA C L, AGED ABOUT 35 YEARS, RESIDING AT NO. 304, CHIKKANKANAHALLI VILLAGE, CHIKKANKANAHALLI POST, SRIRANGAPATNA TALUK, MANDYA DISTRICT 571415. (WIFE OF CONVICT PRISONER SRI. SOMASHEKHARA C.L. S/O RENU, CTP NO. 01015 PRESENTLY LODGED IN CENTRAL PRISON, MYSURU) …PETITIONER (BY SRI. ADITYA S K.,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. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010530542026 NC: 2026:KHC:48135 WP No. 24130 of 2026 3. THE CHIEF SUPERINTENDENT CENTRAL PRISON, MYSURU, ASHOKA ROAD, NEAR FOUNTAIN CIRCLE, MYSURU 570 007. 4. THE SUPERINTENDENT OF POLICE MANDYA DISTRICT, MANDYA 571401 …RESPONDENTS (BY SRI. PANINI. A.H., AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION QUASHING THE IMPUGNED ENDORSEMENT DATED 16.05.2026 BEARING NO. DGPCSB/JDLC/SEC4/37/2026-JUDCL, PRODUCED AS ANNEXURE- D , PASSED BY THE RESPONDENT NO.2/DIRECTOR GENERAL OF POLICE, PRISONS AND CORRECTIONAL SERVICES, REJECTING THE PAROLE APPLICATION OF CONVICT PRISONER CTP O. 01015 SRI SOMASHEKHARA C L; 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, who is the wife of the detenu- Somashekhar@Renu (CTP.No.01015), is before this Court seeking for the following reliefs: a. Issue a writ of certiorari or any other appropriate writ, order or direction quashing the impugned endorsement dated 16.05.2026 bearing No. DGPCSB/JDLC/SEC4/37/2026-JUDCL, produced as ANNEXURE-'D', passed by the Respondent No.2/Director General of Police, Prisons and - 3 - HC-KAR CNR: KAHC010530542026 NC: 2026:KHC:48135 WP No. 24130 of 2026 Correctional Services, rejecting the parole application of Convict Prisoner CТP No. 01015, Sri. Somashekhara C L; b. Issue a writ of mandamus or any other appropriate writ, order or direction directing the Respondent Authorities to release Convict Prisoner Sri. Somashekhara C L, S/o Renu, CTP No. 01015, presently lodged in Central Prison, Mysuru, on General Parole for such period as this Hon'ble Court deems fit, to enable him to attend to and care for the Petitioner, his wife, during her illness, on such conditions as this Hon'ble Court may impose, including a condition restricting his entry into the village concerned; c. Pass such other order or direction as this Hon'ble Court deems fit in the interest of justice and equity. 2. The detenu had been convicted in S.C.No.5070/2014 for offences under Sections 302 r/w 34, 326 r/w 149, 143 r/w 149, 148 r/w 149, 353 r/w 149, 323 r/w 149, 324 r/w 149 of IPC by the III Additional District and Sessions Judge, Mandya (sitting at Srirangapattana) and sentenced on 12.06.2024 with the highest of the sentence being imprisonment for life. The detenu has served a period of 03 years 11 months 18 days of imprisonment as on 27.04.2026 and his conduct in jail is said to be satisfactory. 3. The petitioner having made an application for parole on the ground that the wife of the detenu was suffering from low back pain, anaemia and - 4 - HC-KAR CNR: KAHC010530542026 NC: 2026:KHC:48135 WP No. 24130 of 2026 dysfunction of the uterus, resulting in bleeding for the last 2 months and requiring immediate medical attention. This Court had directed a medical board to be constituted taking into consideration that the detenu had only served 3 years, 11 months, 18 days, having been imprisoned for life. The medical board has confirmed that the wife of the detenu requires immediate medical treatment. In view of the said confirmation and the request for parole being based on a genuine ground, this Court passes the following: ORDER i) The Writ Petition is allowed. ii) Respondent–Chief Superintendent, Central Prison, Mysuru, is directed to release the detenu-Somashekhar@Renu (CTP.No.01015)on parole for a period of 30 days commencing from 15.09.2026, subject to the following conditions: a) The detenu – Somashekhar @ Renu (CTP.No.01015) 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 - 5 - HC-KAR CNR: KAHC010530542026 NC: 2026:KHC:48135 WP No. 24130 of 2026 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, 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.: 11