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2026 DAILYLAW 51533 (KAR)

SRI KARTHIK S v. THE STATE OF KARNATAKA

WP/37036/2025 · 2026-01-20

B M Shyam Prasad

Transfer Petitionbody2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:2819 WP No. 37036 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 37036 OF 2025 (GM-POLICE) BETWEEN: SRI KARTHIK S S/O. SURESH AGED ABOUT 27 YEARS, R/A NO. 137/18, THALI ROAD, VISHWESHWARAIAH BADAVANE, ANEKAL BENGALURU - 562106 CTP NO 15288, PRESENTLY LODGED IN JUDICIAL CUSTODY AT CENTRAL PRISON, BENGALURU …PETITIONER (BY SRI. SPARSH SHETTY.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY, DEPARTMENT OF HOME, VIDHANA SOUDHA, BANGALORE- 560 001. 2. THE ADDITIONAL GENERAL OF POLICE AND INSPECTOR GENERAL OF Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:2819 WP No. 37036 of 2025 PRISON, NO.4, SHESHADRI ROAD, BANGALORE-560009. 3. CHIEF SUPERINTENDENT, CENTRAL PRISON, BENGALURU-560100. …RESPONDENTS (BY SRI.B. RAVINDRANATH., AGA) THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO RELEASE PETITIONER/ CONVICTED PRISONER BEARING CTP NO. 15288 ON EMERGENCY PAROLE FOR A PERIOD OF 90 DAYS IN ACCORDANCE WITH LAW CITING THAT ILLNESS OF THE CONVICT FATHER. 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:2819 WP No. 37036 of 2025 ORAL ORDER The petitioner's application for emergency parole, notwithstanding a favourable report from the jurisdictional Superintendent of Police on 16.10.2025, is pending consideration with the Director General of Prisons and Correctional Services under the Karnataka Prisons And Correctional Services Manual - 2021 [for short, 'the Manual - 2021']. The learned counsel for the petitioner submits that this Court must intervene and grant emergency parole because the petitioner satisfies all the conditions upon which a prisoner is admitted to parole. Sri B Ravindranath, a learned Additional Government Advocate, who is called upon to accept notice for the respondents, is heard on perusal of records. This Court must observe that if there is unjustifiable delay in consideration of an application for emergency parole, the very purpose of making a provision for such benefit would be defeated. - 4 - HC-KAR NC: 2026:KHC:2819 WP No. 37036 of 2025 However, this Court opines that instead of exercising jurisdiction under Article 226 of the Constitution of India to admit the petitioner to parole, the Director General of Prisons and Correctional Services must be called upon to consider the petitioner's pending application within a timeframe. Hence the following: ORDER The petition stands disposed of calling upon the Director General of Prisons and Correctional Services to consider the petitioner's application for Emergency Parole in accordance with the terms of the Manual - 2021 upon the petitioner furnishing a copy of this order, and the petitioner's application shall be considered within four weeks from the date of receipt of a copy of this order. SD/- (B M SHYAM PRASAD) JUDGE AN/-