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2026 DAILYLAW 660 (KAR)

MAHADEVASHEETY v. STATE OF KARNATAKA

WP/7641/2026 · 2026-03-23

Sachin Shankar Magadum

Transfer Petitionbody2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:16367 WP No. 7641 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 7641 OF 2026 (GM-POLICE) BETWEEN: 1. MAHADEVASHEETY S/O SHAKASHETTY FATHER OF MAHESH PRASAD CTP-987 AGED ABOUT 66 YEARS R/O 355, ALUR, CHAMRAJANAGAR KARNATAKA-571 117. …PETITIONER (BY SRI. MOHAMMED PASHA .C, ADVOCATE) AND: 1. STATE OF KARNATAKA HOME DEPARTMENT THROUGH PRINCIPAL SECRETARY VIDHANA SOUDHA BENGALURU - 560001. 2. CHIEF SUPERINTENDENT CENTRAL PRISON MYSORE KARNATAKA - 570007. …RESPONDENTS (BY SRI. VIKAS ROJIPUA, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TOA. DIRECT THE RESPONDENT NO.2 TO GRANT GENERAL PAROLE TO THE PETITIONER'S CONVICT SON MAHESH PRASAD CTP-987, FOR A PERIOD OF 90 DAYS ON THE GROUND TO OVERSEE WORK OF Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:16367 WP No. 7641 of 2026 THE HOUSE WHICH IS IN A DILAPIDATED CONDITION, THE PRESENCE OF CONVICT SON IS NECESSARILY REQUIRED. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER Petitioner has filed the captioned petition seeking general parole for a period of 90 days for his son, who is a convict and undergoing sentence in SC.No.261/2019, on the ground to oversee the repair work of the house which is in a dilapidated condition and the presence of the convicted son is necessarily required. 2. Learned AGA, on instructions and with reference to the records, submits that the petitioner’s application seeking grant of general parole has already been rejected by order dated 22.08.2025. He would therefore contend that the present petition is not maintainable and that, if the petitioner seeks grant of parole afresh, he is required to submit a fresh application before respondent No.2. It is his further submission that in - 3 - HC-KAR NC: 2026:KHC:16367 WP No. 7641 of 2026 the absence of such a fresh application, the present petition is premature and liable to be dismissed. 3. Upon consideration, this Court finds merit in the submission made by the learned AGA. The rejection order dated 22.08.2025 has not been assailed in the present proceedings. In such circumstances, if the petitioner intends to seek grant of general parole, it is incumbent upon him to submit a fresh application before respondent No.2. In the absence of any such application, the present petition cannot be entertained and is liable to be dismissed. 4. Accordingly, the petition stands dismissed. However, liberty is reserved to the petitioner to submit a fresh application before respondent No.2, in accordance with law. SD/- (SACHIN SHANKAR MAGADUM) JUDGE ALB, List No.: 1 Sl No.: 72