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2026 DAILYLAW 7722 (KAR)

SRI MOHAN v. THE STATE OF KARNATAKA

WP/8773/2026 · 2026-03-24

Sachin Shankar Magadum

Transfer Petitionbody2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:16857 WP No. 8773 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 8773 OF 2026 (GM-POLICE) BETWEEN: SRI. MOHAN S/O LATE KONAPPA, AGED ABOUT 37 YEARS, (CTP NO.15372) CURRENTLY SERVING HIS SENTENCE IN CENTRAL PRISON, BENGALURU PERMANENT ADDRESS: UPPAVANKA VILLAGE, KALYANADURGAM MANDAL, ANANTHAPURAMU DISTRICT - 515 761 …PETITIONER (BY SRI. NAVEEN J.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HOME, VIDHANA SOUDHA, BENGALURU - 560 001. 2. THE CHIEF SUPERINTENDENT OF PRISON CENTRAL PRISON, PARAPPANA AGRAHARA, ELECTRONIC CITY POST, BENGALURU - 560 100. 3. THE DIRECTOR GENERAL PRISONS AND CORRECTIONAL SERVICES, Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:16857 WP No. 8773 of 2026 KARNATAKA STATE ADDRESS: NO.4, SHESHADRI ROAD, GANDHINAGAR, BENGALURU - 560 009 4. THE SUPERINTENDENT OF POLICE ADDRESS: ANANTHAPURAMU, ANDHRA PRADESH - 515 001 5. THE INSPECTOR OF POLICE ADDRESS: KALYANADURGAM UPS ANDHRA PRADESH-515 761 …RESPONDENTS (BY SRI. VIKAS ROJIPURA, AGA) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO-QUASH THE IMPUGNED ENDORSEMENT DATED 23.01.2026 ISSUED BY THE R2 IN LETTER NO. BCP/J13/113/2026 VIDE ANNX-E AND CONSEQUENTLY TO DIRECT R2 TO RELEASE THE PETITIONER ON GENERAL PAROLE FOR A PERIOD OF 90 DAYS. 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 The captioned petition is filed seeking to quash the impugned endorsement dated 23.01.2026 issued by respondent No.2 vide Annexure-E and consequently, petitioner is seeking general parole for a period of 90 days. - 3 - HC-KAR NC: 2026:KHC:16857 WP No. 8773 of 2026 2. The petitioner, a convict prisoner bearing No.15372, is undergoing sentence pursuant to conviction in S.C. No.390/2021 for the offences punishable under Sections 363 and 343 of the Indian Penal Code and Section 6 of the POCSO Act. It is not in dispute that the petitioner has undergone incarceration for a period of nearly seven years. 3. The petitioner had sought grant of general parole, which came to be rejected by the competent authority based on the report submitted by the Superintendent of Police, opining that in the event of release, there may be a law and order problem and also a threat to the life of the petitioner from the victim’s family members. 4. Heard the learned counsel for the petitioner and the learned Additional Government Advocate. Perused the material on record. - 4 - HC-KAR NC: 2026:KHC:16857 WP No. 8773 of 2026 5. The report of the Superintendent of Police indicates apprehension regarding threat to the life of the petitioner if he is released on parole and visits the village where the offence was committed. However, the material on record clearly indicates that the petitioner does not intend to visit the said village. On the contrary, he has specifically stated on oath that he proposes to go to the State of Andhra Pradesh for the limited purpose of carrying out repairs to his residential house, which is stated to be in a dilapidated condition requiring immediate attention. 6. Taking into consideration the said statement made on oath, coupled with the fact that the petitioner has already undergone incarceration for a substantial period of seven years, this Court is of the considered view that the apprehension expressed in the report can be adequately addressed by imposing appropriate conditions. - 5 - HC-KAR NC: 2026:KHC:16857 WP No. 8773 of 2026 7. In that view of the matter, this Court is inclined to allow the petition and grant parole. Hence the following: ORDER (i) The writ petition is hereby allowed; (ii) The impugned endorsement dated 23.01.2026 issued by respondent No.2 vide Annexure–E stands quashed; (iii) Respondent No.2 is directed to release the petitioner on parole for a period of ninety (90) days from the date of his release; (iv) The release shall be subject to the petitioner furnishing two sureties to the satisfaction of the competent authority; (v) The petitioner shall not visit the village where the alleged offence was committed during the period of parole; (vi) The petitioner shall confine his stay to the address furnished in the State of Andhra Pradesh and shall utilize the parole only for the purpose stated in the petition; - 6 - HC-KAR NC: 2026:KHC:16857 WP No. 8773 of 2026 (vii) The petitioner shall not indulge in any criminal activities nor involve himself in any offence of similar nature; (viii) The petitioner shall strictly comply with all conditions imposed by the jail authorities; (ix) The petitioner shall surrender before the prison authorities immediately upon expiry of the parole period, unless the same is extended by a competent authority in accordance with law; (x) The Registry is directed to forthwith communicate this order to the concerned jail authorities for immediate compliance. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE CA List No.: 1 Sl No.: 72