Smt Hanumamma v. The State of Karnataka

ORDER

i) The Writ Petition is allowed.

ii) Respondent No.3 is directed to release the detenu Shivalingaiah @ Shiva @ Shivakumar (CTP No.13059) on parole for a period of 30 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.: 74

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. 18396 OF 2026 (GM-POLICE) BETWEEN: SMT. HANUMAMMA W/O LATE RANGAPPA AGED ABOUT 85 YEARS, R/AT GUBBI TALUK, MANIKUPPE VILLAGE, TUMKURU DISTRICT-572 213, KARNATAKA (MOTHER OF CONVICT CURRENTLY SERVING LIFE IMPRISONMENT AT CENTRAL PRISON, BENGALURU) (CONVICT PRISONER NO.13059) …PETITIONER (BY SRI. VIJAYA PRASAD, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY THE PRINCIPAL SECRETARY HOME DEPARTMENT VIDHANA SOUDHA BENGALURU-560 001. 2. THE DIRECTOR GENERAL OF POLICE PRISONS AND CORRECTIONAL SERVICES NO.9 SHESHADRI ROAD, GANDHI NAGAR, BENGALURU-560 009. 3. THE CHIEF SUPERINTENDENT CENTRAL PRISON, PARAPPANA AGRAHARA ELECTRONIC CITY POST BENGALURU-560 100. …RESPONDENTS (BY SRI. C.H. DEVARAJ, GA) by SHWETHA RAGHAVENDRA 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 ORDER OR DIRECTION IN THE NATURE OF MANDAMUS TO THE RESPONDENTS, TO GRANT PAROLE OF 90 DAYS TO THE CONVICT, SHIVALINGAIAH @ SHIVA @ SHIVAKUMAR S/O RANGAPPA (CTP NO. 13059) 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 1. The Petitioner – mother of the detenu – Shivalingaiah @ Shiva @ Shivakumar (CTP No.13059) is before this Court seeking for the following reliefs: (a) Issue a Writ order or direction in the nature of Mandamus to the Respondents, to grant parole of 90 days to the Convict, Shivalingaiah @ Shiva @ Shivakumar S/o Rangappa (CTP No. 13059) (b) Pass such other orders/ directions considering the facts and circumstances of the case, together with costs, in the interest of justice 2. The detenu had been convicted in S.C.No.755/2012 for offences under Section 302, 120B, 201 of IPC by the LII Additional City Civil and Sessions Judge, Bengaluru and sentenced on 07.10.2022 with the highest of the sentence being imprisonment for life. The detenu has served a period of 14 years 19 days of imprisonment as on 11.03.2026 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 one case pending for trial against the detenu in Crime No.851/2016. 3. The learned counsel for the petitioner also submits that house of the detenu is in the state of dilapidated, as regards which, photographs have been produced. 4. A 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. 5. In 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, this Court passes the following: