Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:14278 WP No. 4070 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 4070 OF 2026 (GM-POLICE) BETWEEN:
1. RANJETHA, D/O LATE.ANJENAPPA, SISTER OF NAGARA @ NAGA @ BLACKY, S/O LATE.ANJENAPPA, AGED ABOUT 23 YEARS, R/O 167, 1ST MAIN, 3RD CROSS, BANDEPALYA, BANGALORE SOUTH, BANGALORE KARNATAKA - 560 068. …PETITIONER (BY SMT.UMME SALMA, ADVOCATE) AND:
1.
THE STATE OF KARNATAKA, HOME DEPARTMENT, THROUGH THE PRINCIPAL SECRETARY, VIDHANA SOUDHA, BENGALURU - 560 001.
2.
THE CHIEF SUPERINTENDENT, CENTRAL PRISON, BENGALURU - 560 100. …RESPONDENTS (BY SRI.K.P.YOGANNA, AGA)
Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:14278 WP No. 4070 of 2026
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-DIRECT THE R2 TO RELEASE THE PETITIONERS BROTHER CONVICTED NAMELY NAGARAJ/ NAGA BLACKY S/O LATE ANJANAPPA (CTP-NO.
11208) ON EMERGENCY PAROLE FOR THE PERIOD OF 15 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 the following reliefs:
"(a) direct the Respondent No.2 to release the Petitioner's Brother, convicted, namely, Nagaraj @ Naga Blacky s/o Late Anjanappa (CTP-11208), on emergency parole for the period of 15 days in the interest of justice.
(b) pass any other orders(s) which this court may deem fit and proper under the facts and circumstances of the case, in the interest of justice".
2. The present writ petition is filed by the sister of the convict, namely Nagaraj @ Naga @ Blacky, S/o Late Anjanappa (CTP-11208), who is presently lodged in Bengaluru Central Prison as a convicted prisoner
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HC-KAR NC: 2026:KHC:14278 WP No. 4070 of 2026
undergoing sentence. The records placed before this Court indicate that the said convict has already undergone a period of incarceration of 8 years, 2 months and 21 days. The imprisonment certificate produced at Annexure-D discloses that the convict was sentenced to imprisonment for life for the offence punishable under Section 302 of the IPC by judgment and order dated 20.04.2019.
3. It is also forthcoming from the material on record that the convict had earlier been granted parole and there are no allegations or material indicating that he had misused the liberty so granted or that he was involved in any untoward or illegal activities during the earlier period of release.
4. Heard the learned counsel appearing for the petitioner and the learned Additional Government Advocate appearing for the State. Perused the material on record.
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HC-KAR NC: 2026:KHC:14278 WP No. 4070 of 2026
5. Parole is essentially a measure of temporary release granted to a prisoner on humanitarian considerations, intended to enable the prisoner to maintain social and familial ties and to attend to pressing personal circumstances. While considering a request for parole, the Court is required to balance the humanitarian considerations of the prisoner and his family with the interest of public safety and prison discipline. Where the prisoner has demonstrated good conduct and has not misused earlier parole, the request for temporary release ordinarily deserves
consideration unless there are compelling reasons to deny such relief.
6. In the present case, the objection raised by the learned AGA is based on the report indicating that the younger brother of the convict is already being taken care of by his wife. However, the said objection, in the opinion of this Court, cannot be a decisive ground to deny parole when the convict seeks temporary release to attend to the needs of his ailing younger brother. The convict being the
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HC-KAR NC: 2026:KHC:14278 WP No. 4070 of 2026
elder member of the family, his presence during such circumstances cannot be lightly brushed aside. More importantly, the records do not disclose any misuse of the liberty granted during earlier paroles, which indicates that the convict has adhered to the conditions imposed by the authorities.
7. Having regard to the period of incarceration already undergone, the absence of any material indicating misuse of earlier parole, and bearing in mind the reformative and humanitarian object underlying the grant of parole, this Court is of the view that the request deserves to be considered favourably. Accordingly, this Court deems it appropriate to direct the authorities to release the convict on emergency parole for a limited period, subject to strict compliance with the conditions imposed by the prison authorities.
ORDER i. The writ petition is allowed.
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HC-KAR NC: 2026:KHC:14278 WP No. 4070 of 2026
ii. Respondent No.2 is directed to release the convict, namely Nagaraj @ Naga @ Blacky, S/o Late Anjanappa (CTP-11208), presently lodged in Bengaluru Central Prison, on emergency parole for a period of fifteen (15) days, from the date of his release. iii. The release shall be subject to the convict strictly complying with all the conditions of parole as may be imposed by the competent prison authorities. iv. During the period of parole, the convict shall not involve himself in any criminal activity, shall maintain good conduct, and shall surrender before the jail authorities immediately upon expiry of the parole period. v. The release shall further be subject to the petitioner furnishing two sureties to the satisfaction of the concerned jail authorities. Page No.6 is re-typed and re-placed vide Court Order dated 26.03.2026
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HC-KAR NC: 2026:KHC:14278 WP No. 4070 of 2026
vi. The Registry is
directed to forthwith communicate this order to the concerned prison authorities for immediate compliance.
Sd/- (SACHIN SHANKAR MAGADUM) JUDGE
HDK List No.: 1 Sl No.: 21