SRI. FRANK ANTHONY @ FRANK v. THE CHIEF SUPERINTENDENT
WP/1501/2026 · 2026-01-27
B M Shyam Prasad
Transfer Petitionbody2026
DailyLaw.ai
[ 2026 DAILYLAW 45913 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 45913 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR NC: 2026:KHC:4268 WP No. 1501 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 1501 OF 2026 (GM-POLICE) BETWEEN:
1.
SRI. FRANK ANTHONY @ FRANK S/O RAYAPPA AGED ABOUT 45 YEARS, R/AT THATGUPPE VILLAGE, UTTARAHALLI HOBLI, NEAR KAGGALIPURA, KANAKAPURA MAIN ROAD, BENGALURU-560082.
NOW IN THE CENTRAL PRISON, CTP NO.12298, PARAPPANA AGRAHARA, BANGALORE-560 100. …PETITIONER (BY SRI. MAHESH KUMAR K M., ADVOCATE) AND:
1.
THE CHIEF SUPERINTENDENT CENTRAL PRISON, PARAPPANA AGRAHARA, BENGALURU-560100.
2.
OFFICE OF ASSISTANT COMMISSIONER OF POLICE,
Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA
- 2 -
HC-KAR NC: 2026:KHC:4268 WP No. 1501 of 2026
CITY CRIME RECORD BUREAU (CCRB) BENGALURU-560027.
3.
THE POLICE INSPECTOR GOVINDRAJANAGAR POLICE STATION, BENGALURU-560079. …RESPONDENTS (BY SRI. B.RAVINDRANATH, AGA )
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF CONSTITUTION OF INDIA PRAYING TO-QUASH THE IMPUGNED
ORDER DATED 02.07.2025 VIDE NO.BCP/CTP- SEC/6097/2025 PASSED BY THE RESPONDENT NO.1 AT ANNEXURE-B AND FURTHER BE PLEASED TO DIRECT THE RESPONDENT NO.1 TO RELEASE THE PETITIONER ON PAROLE FOR A PERIOD OF 90 DAYS WITHOUT REFERRING THE MATTER TO THE RESPONDENT NO.3 POLICE.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
- 3 -
HC-KAR NC: 2026:KHC:4268 WP No. 1501 of 2026
CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD
ORAL ORDER
The petitioner is convicted for the offences punishable under Sections 302, 201, 404 read with Section 34 of IPC in S.C.No.464/2010 on the file of the LXIII Addl.City Civil and Sessions Judge, Bengaluru. The petitioner has filed an application for general parole which the first respondent has processed resulting in the issuance of the impugned Endorsement dated 02.07.2025 [Annexure-B].
2. The first respondent has informed the petitioner that his application has been sent to the Commissioner of Police, Bengaluru [the Commissioner] and a decision is taken by the Commissioner to reject the petitioner's application. Mr. Mahesh Kumar K.M., the learned counsel for the petitioner, and Mr. B. Ravindranath, the learned Additional Government Advocate, who is called upon
- 4 -
HC-KAR NC: 2026:KHC:4268 WP No. 1501 of 2026
to accept notice for the respondents, are heard on the petitioner's grievance with the first respondent's Endorsement dated 02.07.2025.
3. An application for general parole must be processed under Paragraph 638 of Chapter XXXIV of the Karnataka Prisons and Correctional Services Manual, 2021 [Manual - 2021] and in terms of the afore Chapter, the first respondent must obtain a report from the Commissioner of Police [or the District Superintendent of Police] and then forward the report along with the application to the Office of the Director General of Prisons and Correctional Services, for consideration. The decision to grant general parole or to refuse must be by the Director General of Prisons and Correctional Services and not by the Commissioner, who can only give a report on whether the convict may be admitted to parole or not.
- 5 -
HC-KAR NC: 2026:KHC:4268 WP No. 1501 of 2026
4. Therefore, the petitioner has made out a cause for his grievance. This Court is of the view that the Endorsement dated 02.07.2025 must be quashed and this Court must direct the first respondent to take appropriate action to ensure that the petitioner's application and the Commissioner's Report are placed before the Director General of Prisons and Correctional Services for just orders. Hence, the following order:
ORDER
[a] The petition is allowed-in-part and the first respondent's Endorsement dated 02.07.2025 is quashed calling upon the first respondent [within three days from the date of receipt of a certified copy of this order] to forward the petitioner's application and the Commissioner's Report to the office of the Director General of
- 6 -
HC-KAR NC: 2026:KHC:4268 WP No. 1501 of 2026
Prisons and Correctional Services, for early decision. [b] The
learned counsel for the petitioner is reserved with the liberty to forward the certified copy of this
order through e-mail [cpblr.prisons- kar@gov.in]. [c] The Director General of Prisons & Correctional Services, Bengaluru is called upon to decide on the petitioner's application and communicate the decision within three weeks from the date of receipt of the records from the first respondent.
Sd/- (B M SHYAM PRASAD) JUDGE
BK