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2026 DAILYLAW 54010 (KAR)

VENKATESH S/O. YANKAPPA v. STATE OF KARNATAKA

WP/109482/2025 · 2026-01-23

Lalitha Kanneganti

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC-D:856 WP No. 109482 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 23RD DAY OF JANUARY, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO.109482 OF 2025 (GM-POLICE) BETWEEN: VENKATESH S/O. YANKAPPA, F/O. HANUMESH, CTP NO.13611, AGED ABOUT 50 YEARS, R/O. TURVIHAL, TURVIHAL, RAICHUR, TURVIHAL, KARNATAKA-584132. …PETITIONER (BY SRI. SIRAJUDDIN AHMED, ADVOCATE) AND: 1. STATE OF KARNATAKA, HOME DEPARTMENT, THROUGH PRINCIPAL SECRETARY, VIDHANA SOUDHA, BENGALURU-560001, REPRESENTED BY HCGP HIGH COURT OF KARNATAKA, DHARWAD BENCH-580011. 2. CHIEF SUPERINTENDENT, CENTRAL PRISON, BALLARI-583101. …RESPONDENTS (BY SMT. GIRIJA S.HIREMATH, HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT(S), ORDER(S) OR DIRECTION(S) AND THEREBY DIRECT THE RESPONDENT NO.2 TO RELEASE THE PETITIONER’S SON HANUMESH CTP-13611 ON GENERAL PAROLE FOR A PERIOD OF 90 DAYS IN ORDER TO LOOK AFTER HIS AGED FATHER WHO IS ADVISED FOR BED REST, TREATMENT AND TO MAINTAIN SOCIAL TIES WITH THE FAMILY AND TO SAVE HIMSELF FROM EVIL EFFECTS DUE TO LONG INCARCERATION AND ETC.,. Digitally signed by VIJAYALAKSHMI M KANKUPPI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC-D:856 WP No. 109482 of 2025 THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER The present writ petition is filed seeking the following prayer: “PRAYER Wherefore it is most respectfully prayed that this Hon’ble Court may graciously be pleased to issue writ of mandamus or any other appropriate writ(s), order(s) or direction(s) and thereby; a. Direct the Respondent No.2 to release the petitioner’s son HANUMESH CTP-13611 on general parole for a period of 90 days in order to look after his Aged father who is advised for bed rest, Treatment and to maintain social ties with the family and to save himself from evil effects due to long incarceration. b. Pass any other order(s) which this court may deem fit and proper under the facts and circumstances of the case, in the interest of justice.” 2. It is submitted that in WP.No.30464/2024 dated 14.11.2024, a Co-ordinate Bench of this Court had granted parole to the petitioner. The order reads as follows: “ORDER i) Writ petition is allowed. ii) The second respondent is hereby directed to release the petitioner's son viz., Hanumesh, CTP No.13611 on parole for 90 days from the date of - 3 - HC-KAR NC: 2026:KHC-D:856 WP No. 109482 of 2025 release subject to convict undertaking not to involve in unlawful activities. iii) The respondents shall impose strict conditions as are usually stipulated to ensure the return of the detenue to the jail and the convict shall not commit any other offence during the period of parole. iv) Violation of any of the parole conditions would result in cancellation of parole. v) The Registry is directed to communicate this order to the jail authority, by way of electronic mail.” 3. Learned counsel for the petitioner submits that in the earlier order, the Co-ordinate Bench of this Court had observed that the petitioner sought direction to release her son on parole, citing that she is suffering from Type 2 diabetes mellitus (T2 DM), hypertension (HTN). As such, the presence of the convict is needed to support the mother and the son has served more than five years of sentence. In these circumstances, the Co-ordinate Bench of this Court had granted the parole. 4. It is submitted that in the light of the order that is passed by the Co-ordinate Bench of this Court, he is entitled for an order and the jail authorities without considering the case of the petitioner had rejected the same. In the light of the order dated 14.11.2024, this Court is passing the following: - 4 - HC-KAR NC: 2026:KHC-D:856 WP No. 109482 of 2025 ORDER i. Accordingly, the writ petition is allowed. ii. The second respondent is hereby directed to release the petitioner's son viz., Hanumesh, CTP No.13611 on parole for 90 days from the date of release subject to convict undertaking not to involve in unlawful activities. iii. The respondents shall impose strict conditions as are usually stipulated to ensure the return of the detenue to the jail and the convict shall not commit any other offence during the period of parole. iv. Violation of any of the parole conditions would result in cancellation of parole. v. The Registry is directed to communicate this order to the jail authority, by way of electronic mail. vi. All I.As. in this petition shall stand closed. Sd/- JUSTICE LALITHA KANNEGANTI MEG CT: UMD List No.: 1 Sl No.: 2