Research › Search › Judgment

High Court of Karnataka · body

2026 DAILYLAW 39282 (KAR)

MR BHARATH A v. THE STATE OF KARNATAKA

WP/23846/2026 · 2026-09-03

Suraj Govindaraj

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010522262026 NC: 2026:KHC:48137 WP No. 23846 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. 23846 OF 2026 (GM-POLICE) BETWEEN: MR BHARATH A S/O ASHWATHAPPA, AGE ABOUT 28 YEARS, R/AT HINNAKKI, JIGANI BENGALURU - 560105 CTP NO. 12120 (FATHER OF PETITIONER) …PETITIONER (BY SRI. RENSPRE PRITHESH DSOUZA.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS ADDITIONAL CHIEF SECRETARY, DEPARTMENT OF HOME AND PRISON, VIDHANA SOUDHA BENGALURU - 560001 2. CHIEF SUPERINTENDENT CENTRAL PRISON PARAPPANA AGARAHARA, BENGALURU - 560100 3. DIRECTOR GENERAL OF POLICE AND INSPECTOR GENERAL OF PRISON AND CORRECTIONAL SERVICES, NO 04, SESHADRI ROAD, BENGALURU - 560009 …RESPONDENTS (BY SRI. PANINI A.H., AGA) Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010522262026 NC: 2026:KHC:48137 WP No. 23846 of 2026 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF CERTIORARI OR ANY OTHER ORDER OF LIKE NATURE TO QUASH THE ENDORSEMENT DATED 13/06/2026 BEARING REFERENCE NO. BCP/J3/1459/2026 ISSUED BY THE RESPONDENT NO.02 VIDE ANNEXURE-A AND CONSEQUENTLY AND ETC. THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The Petitioner, who is the son of the detenu- Ashwathappa (CTP.No.12120) is before this Court seeking for the following reliefs: a) Issue writ of certiorari or any other order of like nature to quash the endorsement dated 13/06/2026 bearing reference no. BCP/J3/1459/2026 issued by the Respondent No.02 vide Annexure-A and consequently b) ass order/direction by the nature of writ of mandamus to the Respondent No.02 to release this Petitioner father namely Mr. Ashwathappa, bearing CTP NO. 12120 on Parole for the period of 30 days. c) Also grant any additional order/direction that this Hon'ble court may deem fit to grant under the facts and circumstances in the interest of justice and Equity. 2. The detenu had been convicted in S.C.No.133/2019 for offences under Section 302 of IPC by the III - 3 - HC-KAR CNR: KAHC010522262026 NC: 2026:KHC:48137 WP No. 23846 of 2026 Additional District and Sessions Judge, Chikkaballapura and sentenced on 02.12.2020 with the highest of the sentence being imprisonment for life. The detenu has served a period of 06 years 01 month 27 days of imprisonment as on 27.06.2026 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 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 that the detenu had been granted general parole twice, emergency parole once and Court parole thrice for a period of 10 months and 7 days, the conduct of the detenu has been satisfactory while in incarcerated and there is no particular complaint against the detenu, I pass the following: ORDER i) The Writ Petition is allowed. - 4 - HC-KAR CNR: KAHC010522262026 NC: 2026:KHC:48137 WP No. 23846 of 2026 ii) Respondent–Chief Superintendent, Central Prison, Bengaluru, is directed to release the detenu-Ashwathappa (CTP.No.12120) on parole for a period of 90 days commencing from 15.09.2026, subject to the following conditions: a) The detenu-Ashwathappa (CTP.No.12120) 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. iii) The Registry is directed to communicate the order to the prison authority for its immediate execution, through the E-Prison Module. - 5 - HC-KAR CNR: KAHC010522262026 NC: 2026:KHC:48137 WP No. 23846 of 2026 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.: 19