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2026 DAILYLAW 51852 (KAR)

SHAHINA TAJ v. THE STATE OF KARNATAKA

WP/37807/2025 · 2026-02-03

B M Shyam Prasad

Transfer Petitionbody2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:6198 WP No.37807/2025 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. 37807 OF 2025 (GM-POLICE) BETWEEN: SHAHINA TAJ W/O SYED MANSOOR AGED 42 YEARS, R/O NO.259, 30TH CROSS, BTB COLONY THILAK NAGAR, JAYANAGAR, BANGALORE - 560 041 …PETITIONER (BY SRI.SIRAJUDDIN AHMED, ADVOCATE FOR SMT.UMME SALMA., ADVOCATE) AND: 1. THE STATE OF KARNATAKA HOME DEPARTMENT, THROUGH THE PRINCIPAL SECRETARY VIDHANA SOUDHA, BENGALURU - 560 001. Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:6198 WP No.37807/2025 2. THE CHIEF SUPERINTENDENT CENTRAL PRISON, 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 DIRECT THE R2 TO RELEASE THE PETITIONER'S BROTHER CONVICTED NAMELY TABREJ S/O LATE ABDUL VAHEED CTP NO.7210 ON GENERAL PAROLE FOR THE PERIOD OF 90 DAYS. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD - 3 - HC-KAR NC: 2026:KHC:6198 WP No.37807/2025 ORAL ORDER The petitioner's brother is convicted and sentenced to imprisonment for life for the offence punishable under Section 302 IPC in SC No.301/2007 on the file of the Fast Track Court-II, Bengaluru Rural and he is also convicted and sentenced to one year simple imprisonment in CC No. 16753/2008 on the file of the IX ACMM Court, Bengaluru City. The second respondent has rejected the application for general parole vide the impugned Endorsement dated 21.05.2025. Sri Sirajuddin Ahmed, the learned counsel who appears for the petitioner, submits that this Court may consider admitting the petitioner's brother to parole because he has been admitted to parole earlier by this Court in W.P. No.30138/2024 and he has returned to the prison without giving room for any complaint. However, the learned counsel cannot - 4 - HC-KAR NC: 2026:KHC:6198 WP No.37807/2025 dispute that the petitioner stands trial in SC No.960/2022 on the file of the LXIII Additional City Civil and Sessions Judge, Bengaluru, a fact which is relied upon by Sri B.Ravindranath, the learned Additional Government Advocate, to state that the petitioner's brother must not be admitted to parole. This Court is of the view that if there are pending proceedings, the petitioner, before seeking parole, must be admitted to bail in the pending case. Therefore, with liberty to the petitioner to file application for general parole once he is admitted to bail in the pending case, the petition stands disposed of. Sd/- (B M SHYAM PRASAD) JUDGE NV List No.: 3 Sl No.: 51