Smitha Babitha Kumari 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. 12908 OF 2026 (GM-POLICE) BETWEEN:

SMITHA BABITHA KUMARI C/O RAVINDRA W/O ASHRITH @ ASHU CTP-478 AGED ABOUT 30 YEARS, R/AT V T ROAD, VENKATARAMANA TEMPLE CAR STREET, MANGALORE KARNATAKA-575001.

…PETITIONER (BY SRI. SIRAJUDDIN AHMED.,ADVOCATE)

AND:

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

¶2CHIEF SUPERINTENDENT CENTRAL PRISON KALABURAGI-585 308.

¶3SHO URWA P.S MANGALORE KARNATAKA 575006 (JURISDICTIONAL POLICE STATION)

…RESPONDENTS (BY SRI. C.H. DEVARAJ., GA)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR

by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA

DIRECTION TO DIRECT THE RESPONDENT NO.2 TO RELEASE THE CONVICT PRISONER ASHRITH AT ASHU CTP-478 ON EMERGENCY PAROLE FOR A PERIOD OF 15 DAYS WITH LIBERTY TO SEEK EXTENSION OF PAROLE CITING THAT PETITIONER FATHER IN LAW IS SUFFERING FROM SEVERE MEDICAL CONDITION AND BEEN ADVISED FOR IMMEDIATE SURGERY THE PRESENCE OF HIS SON WHO IS THE CONVICT IS NECESSARY TO MAKE ARRANGEMENTS FOR MEDICAL EXPENSES AND TAKE CARE AND ETC.

THIS WRIT 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-wife of the detenu – Ashrith @ Ashu (CTP-478) is before this Court seeking for the following reliefs:

a. Direct the Respondent No.2 to release the Convict Prisoner ASHRITH @ ASHU CTP-478 on emergency parole for a period of 15 days with liberty to seek extension of parole citing that petitioner father in law is suffering from severe medical condition and been advised for immediate surgery the presence of his son who is the convict is necessary to make arrangements for medical expenses and take care.

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 detenu had been convicted in S.C.No.106/2014 for offences under Section 341 & 302 of IPC by the I Additional District and Sessions Judge, D.K., Mangaluru and sentenced on 26.12.2018 with the

highest of the sentence being imprisonment for life. The detenu has served a period of 7 years 8 months 4 days of imprisonment as on 07.04.2026 and his conduct in jail is said to be satisfactory. The petitioner having made an application for parole, the same came to be rejected on account of adverse report having received by the police.

¶3A perusal of the police report indicates that it deals with the conviction of the detenu and does not cover any issue as regards the petitioner is at flight risk and or could cause any harm or injury to the victim/s or victim/s causing any harm to the detenu.

¶4The learned counsel for the Petitioner submits that the father of the detenu is suffering from severe medical condition and has been advised for immediate surgery and the presence of the detenu is necessary to make arrangement for medical expenses.

¶5In that view of the matter, taking into consideration the conduct of the detenu has been satisfactory while incarcerated, there is no particular complaint against the detenu, this Court passes the following: ORDER

i) The Writ Petition is allowed.

ii) Respondent–Chief Superintendent, Central Prison, Bangalore, is directed to release the detenu-Ashrith @ Ashu (CTP-478) on parole for a period of days commencing from

30.06.2026, subject to the following conditions: a) The prisoner-Ashrith @ Ashu (CTP-478) 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 convict 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.

Sd/- (SURAJ GOVINDARAJ) JUDGE

PRS List No.: 2 Sl No.: 24