SURENDRA POOJARI @ SOORU v. THE STATE OF KARNATAKA
WP/2147/2026 · 2026-01-30
B M Shyam Prasad
Transfer Petitionbody2026
DailyLaw.ai
[ 2026 DAILYLAW 46186 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 46186 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:5246 WP No. 2147 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 2147 OF 2026 (GM-POLICE)
BETWEEN:
SURENDRA POOJARI @ SOORU S/O. LATE BABU POOJARI, S/O.HUSSAIN, AGED ABOUT 45 YEARS, (CTP NO.1441), R/AT SHANTHIGIRI, YARLAPADY VILLAGE, KARKALA TALUK, UDUPI DISTRICT - 574 102 (NOW ON PAROLE) …PETITIONER (BY SRI. BALAKRISHNA M R., ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA DEPARTMENT OF HOME, REPRESENTED BY ITS PRINCIPAL SECRETARY, BENGALURU - 560 001
2.
THE DIRECTOR GENERAL OF POLICE, PRISONS AND CORRECTIONAL SERVICES,
Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:5246 WP No. 2147 of 2026
SHESHADRI ROAD, BENGALURU - 560 001
3.
THE CHIEF SUPERINTENDENT, CENTRAL PRISON, BELGAVI-591 108.
…RESPONDENTS (BY SRI.B.RAVINDRANATH, AGA)
THIS W P IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) ISSUE WRIT OF MANDAMUS DIRECTING THE RESPONDENTS TO EXTEND THE GENERAL PAROLE GRANTED BY THIS HON'BLE COURT VIDE ITS ORDER DATED 31.10.2025 IN W.P.NO. 106863/2025 AS PER ANNEXURE B FOR ANOTHER 90 DAYS COMMENCING FROM 01.02.2026.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD
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HC-KAR NC: 2026:KHC:5246 WP No. 2147 of 2026
ORAL ORDER
This petitioner is admitted to parole for ninety days by this Court entertaining a petition by his mother in the writ petition in W.P. No.106863/2025 by order dated 31.10.2025. The petitioner will have to surrender on 01.02.2026 on the expiry of such parole. The petitioner has filed this petition for extension of the parole. 2. Sri M R Balakrishna, the learned counsel for the petitioner, submits that this Court must grant extension because of the following circumstances. [a] The petitioner has spent more than fifteen years in the prison as a convict. [b] The petitioner's request for premature release has been recommended by the Advisory Board which is also forwarded by the State Government but the decision is pending
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HC-KAR NC: 2026:KHC:5246 WP No. 2147 of 2026
by the competent authorities of the Central Government. [c] The petitioner has been admitted to parole even during the year 2024 and while on parole the petitioner has not given any reason for complaints, and his conduct even in prison does not admit of any complaint. 3. Sri B Ravindranath, a learned Additional Government Advocate for the respondents who is called upon to secure instructions, does not dispute the factual assertions but contends that if the petitioner is to be granted parole again after this Court's order dated 31.10.2025, there must be an interval of three months. 4. This indeed is one of the terms upon which an application for parole is entertained but Paragraph 642 of Chapter 34 of the Karnataka Prisons and Correctional Services Manual 2021 [for
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HC-KAR NC: 2026:KHC:5246 WP No. 2147 of 2026
short, 'Manual 2021'] also contemplates extension of parole provided the petitioner has filed an application ten days before the expiry of the parole which is granted. 5. The petitioner has filed an application but that is not considered and it can be argued that the application for extension is within the period of ten days that is contemplated under paragraph 642 of the Manual 2021.
In the present circumstances, this Court must consider that the petitioner also seeks premature release and the final decision in this regard is pending and it could be open to the petitioner to file a petition in the circumstances which would mean that he must have a reasonable opportunity to consult and invoke this Court's jurisdiction with the next two days being the only time available for the petitioner before he has to surrender on the expiry of the parole granted on
31.10.2025. - 6 -
HC-KAR NC: 2026:KHC:5246 WP No. 2147 of 2026
6. Though the learned counsel for the petitioner submits that the extension of the parole must be for ninety days or in the least sixty days, this Court is persuaded to grant parole extension for a period of thirty days effective from 02.02.2026 so that the petitioner as observed earlier has an opportunity. In the light of the afore, the following
ORDER [a] The petition is allowed in part extending the parole to the petitioner for a period of thirty days effective from 02.02.2026 subject to the following conditions: [i] The convict [CTP No.1441] shall mark his attendance in the jurisdictional Police Station, once every week throughout the period of his parole and it would be the responsibility of the jurisdictional Police to take him to gaol, in the event, the convict [CTP No.1441] would evade going back to the
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HC-KAR NC: 2026:KHC:5246 WP No. 2147 of 2026
gaol, after the expiry of the period of general parole. [ii] The first respondent shall stipulate strict conditions as are usually stipulated, to ensure return of the convict to the gaol and that he shall not commit any other offence during the period of parole. [b] The registry is directed to communicate the order to the prison authority for its execution.
Sd/- (B M SHYAM PRASAD) JUDGE
AN/-