Noor Jahan v. State of Karnataka

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 223 OF 2026 (GM-POLICE) BETWEEN:

¶1NOOR JAHAN W/O WASEEM @ WASEEM PASHA, CTP 17866 AGED ABOUT 34 YEARS R/AT 2ND WARD, DEVARAJA BADAVANE SARAGUR TOWN HD KOLA TALUK, MYSORE. KARNATAKA-571121

…PETITIONER (BY SRI: SIRAJUDDIN AHMED, ADVOCATE) AND:

¶1STATE OF KARNATAKA HOME DEPARTMENT THROUGH PRINCIPAL SECRETARY VIDHANA SOUDHA BENGALURU-560001.

¶2CHIEF SUPERINTENDENT CENTRAL PRISON MYSURU-570007.

¶3UDAYAGIRI P S MYSORE 570019, REP BY ITS SHO JURISDICTIONAL POLICE STATION

…RESPONDENTS (BY SRI: C H DEVARAJ, GOVT. ADVOCATE)

by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT RESPONDENT NO.2 TO RELEASE THE PETITIONERS HUSBAND WASEEM/ WASEEM PASHA CTP NO.17866, CURRENTLY LODGED IN MYSURU CENTRAL PRISON ON GENERAL PAROLE FOR A PERIOD OF 90 DAYS TO ENABLE HIM TO TAKE CARE OF HIS MOTHER WHO IS A SENIOR CITIZEN SUFFERING FROM VARIOUS HEALTH AILMENTS INCLUDING A RECENT STROKE, AND WHO HAS BEEN ADVISED COMPLETE BED REST TO AVOID ANY STRESSFUL ACTIVITIES THAT MAY WORSEN HER CONDITION.

THIS WP, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

ORAL ORDER

¶1Petitioner, wife of Waseem Pasha - CTP 17866 (detenue) is before this Court seeking for the following reliefs: "a. Direct Respondent No.2 to release the Petitioner's husband, Waseem @ Waseem Pasha CTP No.17866, currently lodged in Mysuru Central Prison, on general parole for a period of 90 days, to enable him to take care of his mother, who is a senior citizen suffering from various health aliments including a recent stroke, and who has been advised complete bed rest and to avoid any stressful activities that may worsen her condition. 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."

¶2The detenue has been convicted for the offence under Section 302 read with Section 34 of IPC in SC No.220 of 2012 by FTC-IV, Mysuru, for imprisonment for life vide judgment and sentence dated 28.05.2013. The detenue has been incarcerated for a period of 13 years, 11 months, 11 days as on 15.12.2025. The detenue applied for parole on the ground that his mother had a cerebrovascular accident (stroke) and is undergoing medical care. The said request having been rejected by the respondent, the petitioner is before this Court seeking for the aforesaid reliefs.

¶3A perusal of the papers indicates that there is certificate issued by the Mysore Hospital, certifying that the mother of the detenue has suffered a cerebrovascular accident. The imprisonment certificate indicates that the detenue has been incarcerated for about 13 years, 11 months, 11 days and he has been granted parole on several earlier occasions for a period of 1 year 11 months 1 day, during which period, there is no particular complaint against the detenue. The conduct of the detenue has been

satisfactory and there has been no complaint against his conduct.

¶4In that view of the matter, considering that the detenue has served more than 14 years as on date and had been granted parole on several occasions earlier, the application for parole submitted by the detenue could not have been rejected in the manner as done.

¶5As such, I pass the following: ORDER

i) Writ Petition is allowed.

ii) Respondent No.2 - the Chief Superintendent of Central Prison, Mysuru is directed to release the petitioner's husband being the convicted prisoner with CTP No.17866 on parole for a period of 60 days commencing from 24.06.2026, subject to the following conditions. a) The prisoner (CTP No.17866) shall mark his attendance in the jurisdictional Police Station, weekly once throughout the period of his parole and it would be the responsibility of the

jurisdictional Police to take him to gaol, in the event, the convict (CTP No.17866) would evade going back to the gaol, after the expiry of the period of general parole.

(b) Respondent No.1 shall stipulate strict conditions as are usually stipulated to ensure return of the detenu to the gaol and that he shall not commit any other offence during then period of parole.

iii) The registry is directed to communicate the order to the prison authority for its immediate execution.

Sd/- (SURAJ GOVINDARAJ) JUDGE

BGN List No.: 1 Sl No.: 31