Smt. Suma H C 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. 16948 OF 2026 (GM-POLICE) BETWEEN:

SMT. SUMA H C W/O. RAGHAVENDRA G, AGED ABOUT 32 YEARS R/AT199, 4TH CROSS, 19TH MAIN, VIJAYANAGAR, 2ND STAGE, MYSORE-570017.

(SISTER OF SATISHA CONVICT PRISONER HAVING CTP NO.11394 NOW IN CUSTODY CENTRAL PRISON, BENGALURU)

…PETITIONER (BY SRI. KIRAN S S., ADVOCATE)

AND:

¶1STATE OF KARNATAKA REPRESENTED BY ITS SECRETARIAT, DEPARTMENT OF HOME, VIDHANA SOUDHA BANGALORE-560 001

¶2THE CHIEF SUPERINTENDENT CENTRAL PRISON, PARAPPANAGHRAHARA, BANGALORE-580 100

¶3THE COMMISSIONER OF POLICE MIRZA ROAD, NEAR GANDHIVANA PARK, NAZARBAD, LOKARANJAN MAHAL ROAD MYSORE-570 10 …RESPONDENTS (BY SRI. C.H. DEVARAJ., GA)

Location: HIGH COURT OF KARNATAKA

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS BY DIRECTING THE RESPONDENT NO.2/CENTRAL PRISON, BANGALORE, TO RELEASE THE PETITIONER'S BROTHER ON EMERGENCY PAROLE FOR A PERIOD OF 30 DAYS AND PRISONER CTP NO. 11394, TO TAKE CARE OF HIS SISTER AND TO GIVE A PROPER MEDICAL TREATMENT, IN THE INTEREST OF JUSTICE AND EQUITY 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 – sister of the detenu – Sathisha (CTP No.11394) is before this Court seeking for the following reliefs:

¶1Issue a Writ of Mandamus by directing the Respondent No.2/Central Prison, Bangalore, to release the Petitioner's Brother on Emergency Parole for a period of 30 days and prisoner CTP No.11394, to take care of his sister and to give a proper medical treatment, in the interest of justice and equity.

¶2Issue such other suitable orders or direction as this Hon'ble court deems fit and proper in the nature and circumstances of the case, in the interest of justice and equity.

¶2The detenu had been convicted in S.C.No.5047/2014 for offences under Section 363, 302, 201 r/w 34 of IPC by the II Additional District and Sessions Court, Ramanagar (Sitting at Kanakpura) and sentenced on

20.07.2019 with the highest of the sentence being

imprisonment for life. The detenu has served a period of 5 years 9 months 2 days of imprisonment as on 09.05.2025 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.

¶3It is also the case of the Petitioner that she is suffering from anterior cruciate ligament, parallel to the intercondylar roof and she has to undergo surgery for the same and needs proper medication.

¶4A 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.

¶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 as also the presence of the detenu is required to take care of his sister who is suffering from anterior cruciate ligament, parallel to the intercondylar roof, 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-Sathisha (CTP No.11394) on parole for a period of days commencing from

01.07.2026, subject to the following conditions: a) The detenu 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

PRS List No.: 2 Sl No.: 57