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2026 DAILYLAW 47148 (KAR)

ASMA BANU v. STATE OF KARNATAKA

WP/8680/2025 · 2026-01-13

B M Shyam Prasad

Transfer Petitionbody2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:1899 WP No. 8680 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 8680 OF 2025 (GM-POLICE) BETWEEN: ASMA BANU W/O PRISONER RAFIQ @ RAFI @ RAFIKA CTP 4135 AGED ABOUT 43 YEARS, R/O NOW NO. 16, RUPANAGUDI ROAD, BELLARI, KARNATAKA - 585328. &PETITIONER (BY SRI. SIRAJUDDIN AHMED, ADVOCATE) AND: 1. STATE OF KARNATAKA HOME DEPARTMENT, THROUGH PRINCIPAL SECRETARY VIDHANA SOUDHA, BENGALURU 560 001. Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:1899 WP No. 8680 of 2025 2. CHIEF SUPERINTENDENT CENTRAL PRISON BELAGAVI- 591108. &RESPONDENTS (BY SRI.B. RAVINDRANATH., AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R2 TO RELEASE THE HUSBAND OF THE PETITIONER RAFIQ AT FARI AT RAFIKA CTP 4135 ON GENERAL PAROLE FOR A PERIOD OF 90 DAYS. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD - 3 - HC-KAR NC: 2026:KHC:1899 WP No. 8680 of 2025 ORAL ORDER The petitioner is aggrieved by the rejection of her application to admit her husband to parole. Her husband is convicted for offences punishable under Sections 302, 201 read with Section 34 of IPC in S.C. No. 282/2010 on the file of the Fast Track Court - IV, Mysuru and is admitted to parole for a period of thirty days by this Court on 31.08.2024 in the writ petition in W.P. No.22619/2024. Sri Sirajuddin Ahmed, the learned counsel for the petitioner, submits that the petitioner's request for parole to her husband is rejected only on the ground that this application is filed within six months from the date of surrendering but now that the six months have lapsed, this Court may admit the petitioner's husband to parole given his health condition. Sri Sirajuddin Ahmed, responding to the objections by Sri B Ravindranath [the learned Additional Government Advocate] submits that the - 4 - HC-KAR NC: 2026:KHC:1899 WP No. 8680 of 2025 petitioner's husband stands trial, submits that the petitioner's husband has been admitted to bail in each of these matters. It cannot be disputed that every request for parole must be considered in accordance with the Karnataka Prisons and Correctional Services Manual 2021 [for short, 'the Manual 2021']. The petitioner must also file an application for parole in the prescribed Form which must be considered finally by the Director General of Prisons and Correctional Services under the provisions of the Manual - 2021 and this would be especially so after this Court's order dated 19.08.2025 in W.P. No. 11541/2025. However, because the petitioner has a health condition and she seeks parole for her husband also on the ground that she needs his support for some time, this Court is of the opinion that a case is made out to admit the petitioner's husband to parole on terms. Hence, the following: - 5 - HC-KAR NC: 2026:KHC:1899 WP No. 8680 of 2025 ORDER [a] The petition is allowed calling upon the second respondent to admit the petitioner's husband to General Parole in accordance with the terms of the Manual - 2021 upon the petitioner/the learned counsel for the petitioner filing a copy of this order with the second respondent through email [cpbgm.prisons-kar@gov.in] addressed to the Chief Superintendent, Central Prison, Belagavi. [b] It is observed that the second respondent shall impose such conditions as may be felt necessary to ensure that the activities of the petitioner's husband are duly monitored and to ensure his return on the completion of the parole period. - 6 - HC-KAR NC: 2026:KHC:1899 WP No. 8680 of 2025 [c] The second respondent shall stipulate that the petitioner's husband shall mark his attendance with the jurisdictional police once in every three days. SD/- (B M SHYAM PRASAD) JUDGE AN/-