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2026 DAILYLAW 39247 (KAR)

MOHAMMED KABHIR v. THE CHIEF SUPERINTENDENT OF PRISON

WP/15242/2025 · 2026-09-03

Suraj Govindaraj

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010338632025 NC: 2026:KHC:48134 WP No. 15242 of 2025 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. 15242 OF 2025 (GM-POLICE) BETWEEN: MOHAMMED KABHIR S/O ABDBUL HAMMED AGED ABOUT 36 YEARS R/OF HOSAKERE, KEREDHANE SRINIGERI TALUK CHIKKAMAGALURU DISTRICT 577139 …PETITIONER (BY SRI. VIJAYA PRASSAD.,ADVOCATE) AND: 1. THE CHIEF SUPERINTENDENT OF PRISON CENRTRAL PRISON SHIVAMOGGA 577222 2. INSPECTOR/STATION HOUSE OFFICER BHRATHI STREET POLICE STATION ROAD SRINGERI 577139 …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 APPROPRIATE WRIT OR ORDER OR DIRECTION IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED PAROLE REJECTION ORDER DATED 18.01.2025 PASSED BY THE RESPONDENT NO.1 CHIEF SUPERINTENDENT OF PRISON, CENTRAL PRISON SHIVAMOGGA AND ETC. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010338632025 NC: 2026:KHC:48134 WP No. 15242 of 2025 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 is before this Court seeking for the following reliefs: a) Issue appropriate writ or order or direction in the nature of certiorari quashing the impugned parole rejection order dated 18.01.2025 passed by the Respondent No.1 Chief Superintendent of Prison, Central Prison Shivamogga in the interest of justice. b) Issue appropriate writ, direction of order to the Respondents to grant parole for a period of 3 months, in the interest of justice. c) Pass such other order as this Hon’ble Court deems fit under the circumstances of the case in the interest of justice and equity. 2. Parole for the convict Mohammed Kabhir (CTP No.00788), having been sought for a medical certificate of sister of the detenu had been produced. This Court being unimpressed by the said certificate of a private hospital, had directed the petitioner to place on record a medical report of the government - 3 - HC-KAR CNR: KAHC010338632025 NC: 2026:KHC:48134 WP No. 15242 of 2025 hospital or submit to an examination by the medical board. 3. Neither is the medical report of the government hospital furnished nor is the concerned person acceptable to be subject to examination by the medical board. 4. In that view of the matter, the medical certificate which has been produced cannot be accepted for the purpose of consideration of the application of the petitioner for parole. Hence, the petition stands rejected. Sd/- (SURAJ GOVINDARAJ) JUDGE KTY List No.: 2 Sl No.: 7