Karnataka High Court
Smt. Ayesha Siddique vs The Director General Of Police on 1 April, 2026
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NC: 2026:KHC:17886
WP No. 8664 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF APRIL, 2026
BEFORE
THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO.8664 OF 2026 (GM-POLICE)
BETWEEN:
SMT.AYESHA SIDDIQUE
W/O NADEEM PASHA
AGED 36 YEARS
R/AT WARD NO.16
BEHIND MAKKA MASEEDI
NAGAMANGALA TOWN
MANDYA-571432
THE PETITIONER IS THE WIFE OF
THE CONVICT
PRISONER NO.1294
NADIM PASHA
WHO IS SERVING SENTENCE IN
MYSORE CENTRAL PRISON
Digitally signed ...PETITIONER
by CHAITHRA A
Location: HIGH (BY SRI. PRADEEP PATIL, ADVOCATE)
COURT OF
KARNATAKA
AND:
1. THE DIRECTOR GENERAL OF POLICE
PRISONS & CORRECTIONAL SERVICES
SESHADRI ROAD
BENGALURU-560 003
2. THE CHIEF SUPERINTENDENT
CENTRAL PRISON
MYSORE-570007
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NC: 2026:KHC:17886
WP No. 8664 of 2026
HC-KAR
3. THE SUPERINTENDENT OF POLICE
MANDYA DISTRICT
MANDYA-571401
...RESPONDENTS
(BY SRI.K.P.YOGANNA, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTION IN
THE NATURE OF MANDAMUS TO THE RESPONDENTS TO
RELEASE THE PETITIONER ON GENERAL PEROLE FOR A PERIOD
OF 90 DAYS AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN
FRESH MATTERS LIST, THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:
CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
ORAL ORDER
The captioned writ petition is instituted by the petitioner, who is the ailing wife of a convicted prisoner presently undergoing sentence at Mysore Central Prison, seeking grant of general parole to her husband. It is the specific case of the petitioner that, owing to her deteriorating health condition, she is in urgent need of medical intervention and surgery, and in that backdrop, an application came to be submitted before the jurisdictional -3- NC: 2026:KHC:17886 WP No. 8664 of 2026 HC-KAR jail authorities requesting release of the convict on parole. The said request, however, came to be rejected by the competent authority, thereby constraining the petitioner to invoke the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India.
2. Heard the learned counsel appearing for the petitioner and the learned Additional Government Advocate appearing for the respondents. Perused the material placed on record with utmost care.
3. The medical records produced along with the petition reveal that the petitioner is suffering from serious ailments and has been medically advised to undergo surgery at the earliest point of time. The certificate issued by the treating hospital clearly indicates not only the urgency of the procedure but also the approximate expenditure involved, which is estimated to be in the range of ₹50,000/- to ₹60,000/-. The documents placed on record, therefore, prima-facie establish both the -4- NC: 2026:KHC:17886 WP No. 8664 of 2026 HC-KAR medical exigency and the immediate need for familial support.
4. It is trite that parole is not a matter of right but is a reformative and humanitarian measure, conceived within the framework of penological jurisprudence, to enable a convict to maintain social and familial ties and to attend to emergent personal exigencies. The object of parole is not punitive, but corrective, and is rooted in the recognition that incarceration does not sever all civil and social relationships of a prisoner. Courts, while considering such requests, are required to balance the competing considerations of societal interest and individual hardship, bearing in mind the conduct of the prisoner, the nature of the offence, and the existence of genuine and pressing circumstances warranting temporary release.
5. In the case on hand, the material on record discloses that the petitioner, being the wife of the convict, is in immediate need of surgical treatment. The -5- NC: 2026:KHC:17886 WP No. 8664 of 2026 HC-KAR Imprisonment Certificate produced at Annexure-A further indicates that the conduct of the convict during incarceration has been satisfactory and free from any adverse remarks or untoward incidents. There is no material placed before this Court to suggest that the release of the convict on parole would pose any threat to public order or would be misused. On the contrary, the circumstances brought on record demonstrate a genuine and compelling need for the presence of the convict to attend to his ailing spouse.
6. It is also relevant to take note of the period of incarceration already undergone by the convict. The material placed on record indicates that the convict has undergone approximately two years out of the total sentence of five years imposed upon him. The substantial portion of the sentence already served, coupled with his satisfactory conduct in prison, further tilts the balance in favour of granting parole, as it demonstrates that the convict has been compliant with prison discipline and does -6- NC: 2026:KHC:17886 WP No. 8664 of 2026 HC-KAR not pose any apparent risk if temporarily released under appropriate conditions.
7. Having regard to the aforesaid facts and circumstances, and on a conjoint consideration of the medical evidence, the satisfactory conduct of the convict, and the well-settled principles governing grant of parole, this Court is of the considered view that the present case warrants exercise of discretion in favour of the petitioner. Denial of parole in such circumstances would defeat the very object of the parole system, which is intended to alleviate human suffering in deserving cases.
8. For the foregoing reasons, this Court proceeds to pass the following:
ORDER
(i) The writ petition is allowed in part;
(ii) The respondents are directed to release the Convict namely Nadim Pasha S/o Iliyaz Pasha (Convict Prisoner No.1294), on -7- NC: 2026:KHC:17886 WP No. 8664 of 2026 HC-KAR general parole for a period of thirty (30) days, subject to the furnishing of two sureties to the satisfaction of the competent Authority;
(iii) The convict shall not indulge in any criminal activity nor involve himself in any offence of a similar nature during the period of parole;
(iv) The convict shall strictly adhere to all conditions that may be imposed by the jail authorities and shall surrender before the prison authorities immediately upon expiry of the parole period, unless the same is extended by the competent authority in accordance with law;
(v) The Registry is directed to forthwith communicate this order to the concerned prison authorities to ensure immediate compliance.
Sd/-
(SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 65