- 1 - HC-KAR NC: 2026:KHC:22207 WP No. 9900 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 9900 OF 2026 (GM-POLICE) BETWEEN: SMT. SHOBHA DEVI W/O SANJAY KUMAR JAIN.J AGED ABOUT 56 YEARS R/O NO.3557, 9TH MAIN ROAD, OPPT. BAIDYANATH MEDICAL STORES KAVERI NAGAR, BSK II STAGE, BANASHANKARI POST BENGALURU-560 070 REP. HER HUSBAND SRI. SANJAY KUMAR JAIN. J S/O LATE M. JAWARILAL JAIN AGED ABOUT 58 YEARS, R/O NO.3557, 9TH MAIN ROAD, OPPT. BAIDYANATH MEDICAL STORES, KAVERI NAGAR, BSK II STAGE, BANASHANKARI POST BENGALURU 560 070 PRESENTLY HE IS SERVING SENTENCE AT PARAPPANA AGRAHARA CENTRAL PRISON VIDE CTP-12291. …PETITIONER (BY SRI. BASAVARAJU P., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF HOME (MINISTRY OF HOME AFFAIRS) VIDHANA SOUDHA, REP. BY THE PRINCIPAL SECRETARY. Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:22207 WP No. 9900 of 2026 2. THE DIRECTOR OF GENERAL OF POLICE AND INSPECTOR GENERAL OF PRISONS, SHESHADRI ROAD, BENGALURU - 560 001. 3. THE CHIEF SUPERINTENDENT CENTRAL PRISON, PARAPPANA AGRAHARA ELECTRONIC CITY POST BENGALURU - 560 100. 4. THE ADDITIONAL INSPECTOR GENERAL OF PRISON - DIRECTOR GENERAL OF PRISONS AND CORRECTIONAL SERVICE, NO.9, SHESHADRI ROAD, RACECOURSE, GANDHINAGAR, BENGALURU - 560 009. …RESPONDENTS (BY SRI. K. P. YOGANNA, AGA) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 27/02/2026 VIDE NO. DGPCSB/JDLC/SEC4/24/2026-JUDCL PASSED BY ADDITIONAL INSPECTOR GENERAL OF PRISON DIRECTOR GENERAL OF PRISONS AND CORRECTIONAL SERVICE/RESPONDENT NO.4 VIDE ANNEXURE-A. 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 for issuance of a writ of certiorari to quash the impugned order dated 27.02.2026 passed by respondent No.4 as per Annexure- - 3 - HC-KAR NC: 2026:KHC:22207 WP No. 9900 of 2026 "A" and the impugned endorsement dated 2.3.2026 issued by the Superintendent of Police and Chief Superintendent, Central Prison, Bengaluru, vide Annexure-"B". Further, petitioner has sought for a direction to respondent No.3 to release the petitioner on parole for a period of three(3) months by considering General Parole Application dated 26.12.2025 as per Annexure-C1. 2. The records placed before this Court would indicate that the Assistant Commissioner of Police, Crime– 2, upon due verification, has submitted a report to the Chief Superintendent of the Central Prison recommending release of the petitioner on parole. However, it is forthcoming from the material on record that respondent No.2 – Director General of Police, in divergence with the opinion of his subordinate officer, has opined against grant of parole. The said contrary opinion, on a prima facie examination, does not disclose any independent application of mind nor does it indicate existence of any supervening material warranting deviation from the - 4 - HC-KAR NC: 2026:KHC:22207 WP No. 9900 of 2026 recommendation made by the jurisdictional officer who has assessed the ground realities. 3. The medical records produced along with the petition would further reveal that the convict’s wife, namely Smt. Shobha Devi, is suffering from rheumatoid arthritis and is in need of immediate and continuous medical attention. The said circumstance, in the considered view of this Court, constitutes a bona fide and compelling ground falling within the permissible parameters governing grant of parole, as it pertains to a pressing family exigency requiring the presence and assistance of the convict. 4. At the outset, it requires to be observed that parole is not a matter of largesse or charity, but is an integral facet of the reformative theory of punishment, which has now received constitutional imprimatur as part of the humane administration of criminal justice. The object underlying parole is to enable a convict to maintain - 5 - HC-KAR NC: 2026:KHC:22207 WP No. 9900 of 2026 social ties, attend to emergent personal and familial necessities, and facilitate gradual reintegration into society. Therefore, denial of parole cannot be mechanical or premised on vague and speculative apprehensions, but must rest on cogent, tangible, and substantial material indicating a real and imminent threat to public order or safety. 5. The jurisprudence governing parole has been consistently evolved by constitutional courts to strike a delicate balance between competing interests on the one hand, the societal interest in maintaining law and order, and on the other, the convict’s right to dignity, humane treatment, and reformation guaranteed under Article 21 of the Constitution of India. Parole, thus, partakes the character of a controlled and conditional liberty, which does not efface or interrupt the sentence imposed, but merely suspends its execution for a temporary duration subject to strict compliance of conditions. - 6 - HC-KAR NC: 2026:KHC:22207 WP No. 9900 of 2026 6. In that view of the matter, and having regard to the material on record, this Court is of the considered opinion that the impugned decision declining parole does not withstand judicial scrutiny. 7. Accordingly, this Court proceeds to pass the following: ORDER (i) The writ petition stands allowed; (ii) The respondents are directed to release the petitioner on general parole for a period of sixty (60) days from the date of his release, subject to the petitioner furnishing two sureties to the satisfaction of the competent authority; (iii) During the period of parole, the petitioner shall maintain good conduct and shall not indulge in any criminal activity or involve himself in any offence, much less offences of a similar nature; - 7 - HC-KAR NC: 2026:KHC:22207 WP No. 9900 of 2026 (iv) The petitioner shall restrict his movements strictly to attending to the medical needs and allied requirements of his ailing wife and shall not misuse the liberty granted by this Court; (v) The petitioner shall scrupulously comply with all conditions that may be imposed by the jail authorities and shall keep them informed of his whereabouts, as and when required; (vi) The petitioner shall surrender before the jurisdictional prison authorities immediately upon expiry of the parole period, unless the same is extended by a competent authority in accordance with law; (vii) The learned Additional Government Advocate shall forthwith communicate this order to the respondent No.3 – Chief Superintendent, Central Prison, Parappana Agrahara, Bengaluru, for immediate compliance; (viii) The Registry is directed to communicate a copy of this order to the - 8 - HC-KAR NC: 2026:KHC:22207 WP No. 9900 of 2026 concerned prison authorities without delay to ensure prompt implementation. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE ALB List No.: 1 Sl No.: 89