Amreen Taj v. State of Karnataka

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 8730 OF 2026 (GM-POLICE)

BETWEEN:

¶1AMREEN TAJ W/O SHAMIULLA @ DAMTE @ SALMAN @ PREETHAM CTP-00195 AGED ABOUT 32 YEARS R/O WARD NO. 3-4, NEAR SHARFUNNISA MASJID, GALIPURA, CHAMARAJANAGAR KARNATAKA-571 313. … PETITIONER (BY SRI. MOHAMMED PASHA C., ADVOCATE) AND:

¶1STATE OF KARNATAKA HOME DEPARTMENT, THROUGH PRINCIPAL SECRETARY VIDHANA SOUDHA, BENGALURU - 560 001.

¶2CHIEF SUPERINTENDENT CENTRAL PRISON MYSORE KARNATAKA - 570 007. … RESPONDENTS (BY SRI. C.H. DEVARAJ, GOVERNMENT ADVOCATE )

THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A. DIRECT THE RESPONDENT NO.2 TO GRANT GENERAL PAROLE TO THE PETITIONER'S CONVICT HUSBAND SHAMIULLA @ DAMTE @ SALMAN @ PREETHAM CTP-00195, FOR A PERIOD OF 90 DAYS ON THE GROUND THAT THE CONVICT FATHER IS SUFFERING FROM CHEST LUMB REQUIRED FURTHER MEDICAL TREATMENT, AND HIS PRESENCE IS ESSENTIAL FOR PROVIDING NECESSARY MEDICAL CARE, SUPPORT FOR

by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA

EFFECTIVE TREATMENT AS WELL AS TO BEAR MEDICAL EXPENSES AND ETC.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

ORAL ORDER

¶1The Petitioner who is the wife of the detenu-Shamiulla (CTP.No.00195), is before this Court seeking for the following reliefs: a. Direct the Respondent No.2 to grant general parole to the Petitioner's convict Husband Shamiulla @ Damte @ Salman @ Preetham CTP-00195, for a period of 90 days on the ground that the convict father is suffering from Chest Lumb required further medical treatment, and his presence is essential for providing necessary medical care, support for effective treatment as well as to bear medical expenses.

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.

¶2The detenu had been convicted in Spl.C.No.182/2018 for the offences punishable under Sections 366 and 376(n) of IPC, Sections 4 and 6 of POCSO Act and 3(2)(V)(Va) of SC/ST (POA) Act by the Prl. District and Sessions Judge, Chamarajanagar and sentenced

on 27.10.2020 with the highest of the sentence being imprisonment for life. The detenu has served a period of 6 years, 11 months and 15 days of imprisonment as on 10.11.2025 and his conduct in jail is said to be satisfactory. The petitioner having made an application for parole on the ground that the father of the detenu is suffering from chest lump, the same came to be rejected on account of adverse report having received by the police.

¶3A perusal of the imprisonment certificate indicates that the detenu has been granted general parole on earlier occasions for a period of 3 months and 25 days, during which time there is no particular complaint against the detenu by the Authorities concerned.

¶4Taking into account the fact that the Petitioner has spent 6 years, 11 months and 15 days incarceration and during the earlier period of grant of parole there

was complaint against the Petitioner, he surrendered to the Authority concerned and his conduct during incarceration in the jail is satisfactory, I pass the following: ORDER

i) The Writ Petition is allowed.

ii) Respondent–Chief Superintendent, Central Prison, Mysuru, is directed to release the detenu-Shamiulla (CTP.No.00195) on parole for a period of days commencing from

01.07.2026, subject to the following conditions: a) The detenu-Shamiulla (CTP.No.00195) 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 them to gaol, in the event, the detenu would evade going back to the gaol, after the expiry of the period of parole. b) Respondent No.1-State of Karnataka 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 the period of parole.

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

iv) The petitioner and family members of the detenu to comply with all other formalities before the date fixed for release.

Sd/- (SURAJ GOVINDARAJ) JUDGE

KTY List No.: 2 Sl No.: 15