Sri. Marula Sidda Patel B R v. The 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. 17558 OF 2026 (GM-POLICE) BETWEEN:

SRI. MARULA SIDDA PATEL B R S/O B K REVANASIDDAPPA, AGED ABOUT 46 YEARS, RESIDING AT NO.675, 1ST B MAIN, 2ND PHASE, 7TH BLOCK, NEAR SHAKTI GANAPATI TEMPLE. BSK 3RD STAGE, BENGALURU-560085

(FRIEND OF CONVICT SRI PAVI CHENGAPPA @ PRAVEEN, CTP NO.17382, PRESENTLY SERVING IMPRISONMENT IN CENTRAL PRISON, MYSURU)

…PETITIONER (BY SRI. ADITYA S K.,ADVOCATE)

AND:

¶1THE STATE OF KARNATAKA REP. BY THE PRINCIPAL SECRETARY, HOME DEPARTMENT, VIDHANA SOUDHA, BENGALURU 560 001.

¶2THE DIRECTOR GENERAL OF POLICE PRISONS AND CORRECTIONAL SERVICES, NO. 9, SHESHADRI ROAD, GANDHI NAGAR, BENGALURU 560 009.

¶3THE CHIEF SUPERINTENDENT CENTRAL PRISON, MYSURU, ASHOKA ROAD, NEAR FOUNTAIN CIRCLE,

by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA

MYSURU 570 007.

¶4THE SUPERINTENDENT OF POLICE KODAGU DISTRICT, MADIKERI 571 201.

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

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION QUASHING THE IMPUGNED REJECTION ORDER NO. DGPCSB /JDLC/SEC4/148/2026-JUDCL DATED

16.05.2026 (ANNEXURE-F) ISSUED BY THE RESPONDENT NO. 2/DIRECTOR GENERAL OF POLICE, PRISONS AND CORRECTIONAL SERVICES 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 – friend of the detenu – Makerira B, Pavi Chengappa @ Praveen (CTP No.17382) is before this Court seeking for the following reliefs:

a. Issue a writ of certiorari or any other appropriate writ, order or direction quashing the No. DGPCSB impugned rejection order /JDLC/SEC4/148/2026-JUDCL dated 16.05.2026 (ANNEXURE- 'F') Issued by the Respondent No. 2/Director General of Police, Prisons and Correctional Services;

b. Issue a writ of mandamus or any other appropriate writ, order or direction directing the Respondent Authorities to grant general parole to Sri Pavi Chengappa @ Praveen S/o Late Belliappa, CTP No.

17382, presently lodged in Central Prison, Mysuru, for a period of 90 days for the purpose of renovation of the family dwelling house at Sy. No. 97/3, Channangi Village, Ammathi Hobli, Virajpet Taluk, Kodagu District;

c. Pass such other order or direction as this Hon'ble Court deems fit in the interest of justice and equity.

¶2The detenu had been convicted in S.C.No.36/2007 for offences under Section 302, 201 of IPC by the Fast Track Court, Kodagu, Madikeri and sentenced on

04.02.2012 with the highest of the sentence being imprisonment for life. The detenu has served a period of 17 years 11 months of imprisonment as on

22.05.2026 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.

¶3The learned counsel for the Petitioner also submits that repair of the house of the detenu is to be made, as regards which, a photograph has been produced.

¶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 and the presence of the detenu is required to carry out house repair work as also the detenu was on parole for 1 year 3 months and 2 days, this Court passes the following: ORDER

i) The Writ Petition is allowed.

ii) Respondent No.3 is directed to release the detenu Makerira B, Pavi Chengappa @ Praveen (CTP No.17382) on parole for a period of 60 days commencing from 06.07.2026, 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.: 67