Full Judgment
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO.37652/2025 (GM-POLICE) BETWEEN: DARSHAN. R S/O RAJESH, AGED ABOUT 27 YEARS, R/AT NO.8009, 2ND PHASE VIJAYANAGAR, 4TH STAGE, MYSORE-570032 THE PETITIONER IS THE SON OF CONVICT PRISONER NO.19014 RAJESHA, SERVING LIFE SENTENCE IN 'CENTRAL PRISON, MYSORE. …PETITIONER Digitally (BY SRI.PRADEEP PATIL., ADVOCATE) signed by VANAMALA N Location: HIGH AND: COURT OF KARNATAKA
1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HOME, VIDHANA SOUDHA, BENGALURU-560 001 -2-
2. THE DIRECTOR GENERAL OF POLICE PRISONS AND CORRECTIONAL SERVICES SESHADRI ROAD, BENGALURU-560 003.
3. THE CHIEF SUPERINTENDENT, CENTRAL PRISON, MYSORE - 570 002
4. THE COMMISSIONER OF POLICE MYSORE CITY MYSORE - 570 010 …RESPONDENTS (BY SRI.B.RAVINDRANATH, AGA) THIS W.P. IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO MANDAMUS TO THE RESPONDENTS TO RELEASE THE CONVICT PRISONER NO.19014 RAJESHA M S/O LATE B MADAIAH ON GENERAL PAROLE FOR A PERIOD OF 90 DAYS. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD -3-
ORAL ORDER
The petitioner seeks parole for his father who is convicted for offences punishable under Sections 302 and 450 of IPC in SC No.19/2016 on the file of the II Additional District and Sessions Judge, Mysuru. The petitioner's father has been in prison for over 10 years. It is seen from the records that the third respondent has called for a report from the Office of the jurisdictional Commissioner of Police [the Commissioner] and the office of the Commissioner has filed Report on 07.11.2025 stating that the petitioner's father may not be admitted to parole because there is every possibility of he being involved in commission of further offence. It is trite that an application for general parole and the Report from the jurisdictional authority must be considered by the Director General of Prisons and Correctional Services under the Karnataka Prisons and Correctional Services Manual 2021 [for short, 'the Manual 2021'], and this Court is of the view that given the circumstances of the present case, the application/Report -4- must be considered by the Director General of Prisons and Correctional Services. Hence the following.
ORDER
[a] The petition is disposed of reserving liberty to the learned counsel for the petitioner to forward a certified copy of this order over email [[email protected]] to the third respondent and directing the third respondent to forward the application, the Report and other records to the Director General of Prisons and Correctional Services for due consideration. [b] The Director General of Prisons shall consider the records in the circumstances and also the object that is sought to be achieved in admitting a convict to parole. Sd/- (B M SHYAM PRASAD) JUDGE NV List No.: 3 Sl No.: 50