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2026 DAILYLAW 51483 (KAR)

SMT AFREEN KHANUM v. STATE OF KARNATAKA

WP/36349/2025 · 2026-02-03

B M Shyam Prasad

Transfer Petitionbody2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:6147 WP No.36349/2025 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.36349/2025 (GM-POLICE) BETWEEN: SMT AFREEN KHANUM W/O NASIR HYDER AGED 32 YEARS, R/AT NO.35-6-2, 3RD CROSS, VIVEKANANDANAGAR, BENGALURU 560053 (WIFE OF CONVICT PRISONER NO.14784, WHO IS CURRENTLY SERVING LIFE IMPRISONMENT IN CENTRAL PRISON, BENGALURU) …PETITIONER (BY SRI. VIJAYA PRASSAD., ADVOCATE) AND: 1. STATE OF KARNATAKA REP. BY ITS SECRETARY DEPARTMENT OF HOME, VIDHANA SOUDHA, BENGALURU - 560 001 Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:6147 WP No.36349/2025 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, PARAPPANNA AGRAHARA, ELECTRONIC CITY POST, BENGALURU - 560 100 …RESPONDENTS (BY SRI.B.RAVINDRANATH, AGA) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A DIRECTION IN THE NATURE OF MANDAMUS TO THE RESPONDENTS TO GRANT PAROLE OF 90 DAYS TO THE CONVICT SRI.NASIR HYDER/NASIR S/O SHIEK BAHADUR (CTP NO. 14784). THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:6147 WP No.36349/2025 CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioner's husband is convicted for the offences punishable under Sections 376, 364(A), 395 read with 149 of IPC and 506 of IPC in S.C.No.1320/2014 on the file of the LIII Additional City Civil and Sessions Judge, Bengaluru. The petitioner has filed an application for parole because of her father-in-law's health condition, who is aged 70 years is under consultation for Coronary Artery Disease. 2. The application for parole is referred to the jurisdictional Deputy Commissioner of Police, who has filed his report as contemplated under the Karnataka Prisons and Correctional Services Manual 2021 [for short, 'the Manual'] stating that the petitioner's husband may not be admitted to parole because he will contribute to disturbance in law and order. - 4 - HC-KAR NC: 2026:KHC:6147 WP No.36349/2025 3. When queried on the petition being filed even before the Director General of Police, Prisons and Correctional Services has decided on the application in the light of this report, the learned counsel for the petitioner submits that given the health of the petitioner's father-in-law, he would request emergency parole for the petitioner's husband for fifteen [15] days with liberty to the petitioner's husband to file an application for general parole. 4. Mr. B. Ravindranath, the learned Additional Government Advocate, is heard in the light of this request and the records are perused. The petitioner will have to necessarily avail the outcome of the consideration of the report by the Director General of Police, Prisons and Correctional Services if she wants her husband to be admitted to general parole, but because the request is for emergency parole on the ground of ill-health of her father-in-law, - 5 - HC-KAR NC: 2026:KHC:6147 WP No.36349/2025 this Court is inclined to admit the petitioner's husband to emergency parole of fifteen [15] days. Hence, the following: ORDER [a] The petition is allowed-in-part directing the Chief Superintendent, Central Prison, Parappana Agrahara, Bengaluru [the third respondent] to admit the petitioner's husband [Mr. Nasir Hyder @ Nasir, CTP No.14784] to Emergency Parole of fifteen [15] days subject to the petitioner's husband executing appropriate surety as required under the Manual. [b] The third respondent is also called upon to ensure that the petitioner's husband is permitted to General Parole on such conditions as may be necessary to ensure his return to the prison, including the condition that the petitioner's husband shall mark his attendance every - 6 - HC-KAR NC: 2026:KHC:6147 WP No.36349/2025 alternative day with the jurisdictional police. Sd/- (B M SHYAM PRASAD) JUDGE RB