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2026 DAILYLAW 50082 (KAR)

SRI.ASLAM v. THE STATE OF KARNATAKA

WP/26092/2025 · 2026-02-03

B M Shyam Prasad

Transfer Petitionbody2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:6190 WP No. 26092/2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO.26092/2025 (GM-POLICE) BETWEEN: SRI.ASLAM S/O ABDUL GAFOORSAB AGED ABOUT 42 YEARS, R/AT LASHKAR MOHALLA, CHANNAGIRI, DAVANAGERE-577213 NOW IN THE CENTRAL PRISON, CTP NO.01627, CENTRAL PRISON, SHIVAMOGGA-577222 …PETITIONER (BY SRI.MAHESH KUMAR K M, ADVOCATE FOR SRI. VEERANNA G TIGADI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HOME, VIDHANA SOUDHA, BENGALURU-560001 2. THE CHIEF SUPERINTENDENT CENTRAL PRISON, SHIVAMOGGA-577222 Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2026:KHC:6190 WP No. 26092/2025 3. THE DIRECTOR GENERAL OF POLICE, AND INSPECTOR GENERAL OF POLICE, KARNATAKA PRISON AND CORRECTIONAL SERVICES, BENGALURU-560100 4. THE ADVISORY BOARD, REPRESENTED BY ITS CHAIRMAN, KARNATAKA PRISON AND CORRECTIONAL SERVICES, BENGALURU-560 100 5. THE LIFE CONVICTS RELEASE COMMITTEE, REPRESENTED BY ITS CHAIRMAN, PRINCIPAL SECRETARY, DEPARTMENT OF HOME BENGALURU - 560 001 …RESPONDENTS (BY SRI. PRADEEP C S, AAG A/W SRI.B.RAVINDRANATH, AGA) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO I. QUASH THE IMPUGNED ENDORSEMENT DATED 28.06.2025 ISSUED BY THE R2 BEARING NO.KEKAASHI/J1/884/2025-26 (PRODUCED VIDE ANNEXURE-D) OF THE WRIT PETITION; B. DIRECTION FOR THE R2 TO RELEASE THE PETITIONER ON GENERAL PAROLE, IN ACCORDANCE WITH LAW, FOR A PERIOD THAT, THE AUTHORITIES OF THE JAIL WOULD PRESCRIBE OR TILL SUCH TIME, THE COMMITTEE WOULD MEET AND RECOMMENDS THE CASE OF THE PETITIONER FOR PREMATURE RELEASE. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:6190 WP No. 26092/2025 CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioner has filed this petition for General Parole impugning the Endorsement dated 28.06.2025 issued by the second respondent. The petitioner is issued with the impugned Endorsement informing that he has been convicted for 5 years, and he has completed only 2 years 9 months and 28 days in prison and therefore he will not be entitled for Parole [referred to as premature release]. Mr. Pradeep C. S., the learned Additional Advocate General, submits that the petitioner is convicted for different but similar offences under Section 86 and 87 of the Karnataka Forest Act, 1963 with the stipulation that the two sentences of 5 years shall run concurrently and that because of Paragraph No.168 of the Karnataka Prisons and Correctional Services Manual 2021, the petitioner shall not be - 4 - HC-KAR NC: 2026:KHC:6190 WP No. 26092/2025 allowed to remission exceeding one third of the sentence. The learned Additional Advocate General submits that the petitioner would complete the minimum sentence over the next two to three months and that if the petitioner files an application, the same would be forwarded for due consideration. These submissions are accepted. The petition stands disposed of reserving liberty to the petitioner to file an application after completion of one half of the sentence. Sd/- (B M SHYAM PRASAD) JUDGE RB