Karnataka High Court
Sri Lohith vs The State Of Karnataka on 10 March, 2026
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NC: 2026:KHC:14441
WP No. 4499 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO. 4499 OF 2026 (GM-POLICE)
BETWEEN:
SRI LOHITH
S/O BOMMAPPA,
AGED ABOUT 39 YEARS,
ADRIKATTE VILLAGE,
HOSADURGA TALUK,
CHITRADURGA - 577 515
(CURRENTLY SERVING SENTENCE
IN CENTRAL PRISON, SHIVAMOGGA,
CONVICT PRISONER NO. 01978 IN
SESSIONS CASE NO.18/2019)
...PETITIONER
(BY SRI. KUMARASWAMY B N., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
Digitally signed by BY ITS SECRETARY,
NAGARAJA B M
Location: HIGH HOME DEPARTMENT,
COURT OF
KARNATAKA VIDHANA SOUDHA,
BENGALURU 560 001.
2. THE DIRECTOR GENERAL OF POLICE(PRISONS),
KARNATAKA STATE,
SHESHADRI ROAD,
BENGALURU - 560 009.
3. THE SUPERINTENDENT,
CENTRAL PRISON,
SHIVAMOGGA 577 222.
...RESPONDENTS
(BY SRI. K P YOGANNA., AGA FOR R1 TO R3)
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NC: 2026:KHC:14441
WP No. 4499 of 2026
HC-KAR
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF
CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR ORDER
QUASHING THE IMPUGNED DGPCSB/JDLC/SEC4/59/2025-
JUDCL DATED 05/01/2026 PASSED BY THE ADDITIONAL
DIRECTOR GENERAL OF PRISONS (THIRD RESPONDENT)
REJECTING THE PETITIONER'S PAROLE APPLICATION
(ANNEXURE-A) AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
ORAL ORDER
Petitioner being aggrieved by the rejection of parole has filed the captioned petition assailing the order impugned dated 05.01.2026 passed by respondent No.3 rejecting petitioner's parole application on the ground that rituals can be performed by the relatives of petitioner.
2. Heard learned counsel appearing for the petitioner and learned AGA.
3. The petitioner is presently confined in the Central Prison, Shivamogga, undergoing sentence pursuant to the judgment of conviction rendered by the -3- NC: 2026:KHC:14441 WP No. 4499 of 2026 HC-KAR learned Sessions Court in S.C.No.18/2019. The petitioner has been in custody since 26.10.2018 and has completed about 7 years and 2 months of actual imprisonment. It is asserted in the petition that the petitioner has maintained exemplary conduct inside the prison and that there are no adverse remarks or disciplinary proceedings recorded against him during the period of incarceration.
4. The petitioner further states that his mother passed away about eleven months ago. On that occasion, the petitioner was released on parole for a period of one month in order to attend the funeral rites. According to the petitioner, in terms of the religious customs and family traditions, he is required to perform the shraddha ceremony of his deceased mother, he being the only son in the family. Though the petitioner has a married sister, the customary rituals are required to be performed by the son. Apart from performing the said rites, the petitioner also intends to transfer certain immovable properties in favour of his married sister, which necessitates his -4- NC: 2026:KHC:14441 WP No. 4499 of 2026 HC-KAR presence outside the prison to complete the required legal formalities.
5. Having examined the material on record, this Court is of the considered view that the rejection of the petitioner's request for parole by respondent No.3 appears to be hyper-technical. Taking into consideration the circumstances placed on record, particularly the religious obligation asserted by the petitioner and the absence of any adverse conduct during incarceration, this Court is of the view that the petitioner has made out a justifiable case for grant of parole for a limited period, subject to appropriate conditions.
6. In view of the foregoing discussion, the following order is passed:
ORDER
(i) The writ petition is allowed;
(ii) Respondent No.3 is directed to release the petitioner on parole for a period of sixty (60) -5- NC: 2026:KHC:14441 WP No. 4499 of 2026 HC-KAR days, subject to the petitioner furnishing two sureties to the satisfaction of the competent authority.
(iii) During the period of parole, the petitioner shall not indulge in any criminal activities nor involve himself in any offence of similar nature.
(iv) The petitioner shall strictly adhere to all conditions imposed by the jail authorities and shall surrender before the prison authorities on expiry of the parole period.
(v) The Registry is directed to forthwith communicate this order to the concerned jail authorities for necessary compliance.
Sd/-
(SACHIN SHANKAR MAGADUM) JUDGE CA List No.: 2 Sl No.: 22