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2026 DAILYLAW 39290 (KAR)

SRI. ABHISHEK. H. S. v. THE STATE OF KARNATAKA

WP/25354/2026 · 2026-09-03

Suraj Govindaraj

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010557242026 NC: 2026:KHC:48143 WP No. 25354 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. 25354 OF 2026 (GM-POLICE) BETWEEN: SRI. ABHISHEK. H. S. S/O SWAMY, AGED ABOUT 20 YEARS, R/O DODDAKAVALANDE HOBLI, HEMMARAGALA, NANJANGUD TALUK, MYSURU DISTRICT - 571312. (SON OF CONVICT PRISONER SRI.SWAMY S/O MADASHETTY, CTP NO.01023, 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. 3. THE CHIEF SUPERINTENDENT, CENTRAL PRISON, MYSURU, ASHOKA ROAD, NEAR FOUNTAIN CIRCLE, MYSURU 570 007. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010557242026 NC: 2026:KHC:48143 WP No. 25354 of 2026 4. THE SUPERINTENDENT OF POLICE, MYSURU DISTRICT, MYSURU-570 019. …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 PAROLE REJECTION ORDER BEARING NO. DGPCSB/JDLC/SEC4/194/2026-JUDCL DATED 24.06.2026, PRODUCED AS ANNEXURE-'E', PASSED BY THE RESPONDENT NO.2/DIRECTOR GENERAL OF POLICE, PRISONS AND CORRECTIONAL SERVICES, KARNATAKA STATE 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. The petitioner, who is the son of the detenu-Swamy (CTP No.01023) 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 parole rejection order bearing No. DGPCSB/JDLC/SEC4/194/2026-JUDCL dated 24.06.2026, produced as ANNEXURE-'E', passed by the Respondent No.2/Director General of Police, Prisons and Correctional Services, Karnataka State; b) Issue a writ of Mandamus or any other appropriate writ, order or direction directing the Respondent Authorities to consider and grant general parole to Convict Prisoner Sri. Swamy S/o - 3 - HC-KAR CNR: KAHC010557242026 NC: 2026:KHC:48143 WP No. 25354 of 2026 Madashetti, CTP No.01023, presently lodged in Central Prison, Mysuru, for an period of 90 days for the purpose of attending to the agricultural operations of the family land situated at Hemmaragala Village, DoddakavalandeHobli, Nanjangud Taluk, Mysuru District, subject to such terms and conditions as this Hon'ble Court may deem fit and proper; 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.16/2020 for offences under Sections 498A and 302 of IPC by the V Additional District and Sessions Judge, Mysuru and sentenced on 25.06.2024 with the highest of the sentence being imprisonment for life. The detenu has served a period of 07 years 03 months 20 days of imprisonment as on 04.07.2026 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 an apprehension that the petitioner may involve in further criminal activities. - 4 - HC-KAR CNR: KAHC010557242026 NC: 2026:KHC:48143 WP No. 25354 of 2026 3. A perusal of the imprisonment certificate indicates that the conduct of the detenu has been satisfactory while incarcerated, there is no particular complaint against the detenu. 4. In that view of the matter, this Court does not find any substance in the reasons for rejection. Hence, I pass the following: ORDER i) The Writ Petition is allowed. ii) Respondent–Chief Superintendent, Central Prison, Mysuru, is directed to release the detenu-Swamy (CTP No.01023) on parole for a period of 30 days commencing from 15.09.2026, subject to the following conditions: a) The detenu-Swamy (CTP No.01023) 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 - 5 - HC-KAR CNR: KAHC010557242026 NC: 2026:KHC:48143 WP No. 25354 of 2026 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.: 1