[Cites 14, Cited by 0]
Karnataka High Court
Smt. Hajira vs The State Of Karnataka on 17 February, 2026
Author: B.M.Shyam Prasad
Bench: B.M.Shyam Prasad
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NC: 2026:KHC:9645
WP No.4841/2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE B M SHYAM PRASAD
WRIT PETITION NO.4841/2026 (GM-POLICE)
BETWEEN:
SMT. HAJIRA
W/O LATE M MAYYADDI,
AGED 56 YEARS,
R/AT NO.2-173, PANCHAYATH ROAD,
MALLAR VILLAGE, KAPU TALUK,
UDUPI - 574 106
(MOTHER OF CONVICT MOHAMMED
SHAMSHUDDIN CURRENTLY SERVING
IMPRISONMENT IN CENTRAL PRISON,
SHIVAMOGGA.
(CONVICT PRISONER NO. 01454)
Digitally
signed by ...PETITIONER
VANAMALA
N (BY SRI. VIJAYA PRASSAD., ADVOCATE)
Location:
HIGH AND:
COURT OF
KARNATAKA
1. THE STATE OF KARNATAKA
REP. BY THE PRINCIPAL SECRETARY
HOME DEPARTMENT
VIDHANA SOUDHA
BENGALURU - 560 001
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WP No.4841/2026
HC-KAR
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,
SHIVAMOGGA - 577 222
...RESPONDENTS
(BY SRI.B.RAVINDRANATH, AGA)
THIS W.P. 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
EMERGENCY PAROLE OF 30 DAYS TO THE CONVICT
MOHAMMED SHAMSHUDDIN S/O LATE M MAYYADDI
(BEARING CTP NO. 01454).
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:
CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD
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WP No.4841/2026
HC-KAR
ORAL ORDER
The petitioner's son [Mr. Mohammed
Shamshuddin] is convicted for offences under
Sections 376 and 506 of Indian Penal Code and
Sections 6, 11, read with Sections 12, 13 read with
Section 14 and Section 15 of the Protection of
Children from Sexual Offences Act, 2012 [for short,
'the POSCO Act'], and he is also convicted for the
offences punishable under Section 66(E) and 67(B) of
the Information Technology Act, 2000.
2. Mr. Mohammed Shamshuddin is
sentenced to undergo different terms of
imprisonment, and he is sentenced to 20 years for
the offence punishable under Section 6 of the POCSO
Act. The petitioner has lost her husband on
26.01.2026, and she has filed this petition for
Emergency Parole to Mr. Mohammed Shamshuddin
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asserting that the jail authorities have refused even
to receive the application for Emergency Parole.
3. Mr. Vijaya Prasad, the learned counsel for
the petitioner, argues in support of the petition, and
Mr. B. Ravindranath, the learned Additional
Government Advocate who accepts notice for the
respondents, is heard. The learned Additional
Government Advocate proposes to rely upon Rule 191
of the Karnataka Prison Rules, 1974 [for short, 'the
Rules'] as amended by the Amendment Act, 2000 to
contend that the petitioner could be admitted to
Emergency Parole to attend to the last rites but under
an escort. Mr. Vijaya Prasad, in rejoinder, submits
that the petitioner will not be able to bear the cost for
the escort and the petitioner's son, who has served
more than three years, will abide by every condition
that will be stipulated by this Court.
4. These circumstances are examined in the
light of the provisions of Rule 191 of the Rules and
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the provisions of the Karnataka Prisons and
Correctional Services Manual 2021 [for short, 'the
Manual 2021']. A convict, who is sentenced to life,
can also be admitted to an Emergency Parole on the
death of a parent and there is no dispute on this
aspect, but the question is, should the petitioner be
admitted to Emergency Parole by this Court and
stipulating that he should be under an escort while
on parole.
5. This Court in W.P.No.38088/2025 has
issued directions to the Director General of Prisons
and Correctional Services to issue an administrative
circular to enable filing of applications for
general/emergency parole over designated e-mail to
avoid petitions of this nature and that circular is yet
to be issued. The petitioner requests for Emergency
Parole for her son to attend the obsequies for her
husband.
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6. The objective of admitting a convict to
Emergency Parole is also to ensure that there is
encouragement to maintain good conduct and that
the convict is able to discharge his filial obligations.
Further, the Rule191 employs the expression 'may' in
stipulating that the Superintendent of Jail can admit
a convict such as the petitioner's son to Emergency
Parole. The question whether this stipulation would
be mandatory or not could be examined in an
appropriate case, but in the present case this Court,
in the interest of justice, is persuaded to intervene.
Hence, the following.
ORDER
[a] The petition is allowed and the third
respondent is directed to release the
petitioner's son [Mr. Mohammed
Shamshuddin] on Emergency Parole for a
week from 18.02.2026. The third
respondent shall insist on terms as
required under the Manual 2021 and
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also that the petitioner's son shall mark
his attendance with the jurisdictional
police every day.
[b] The learned counsel for the petitioner is
granted liberty to file a certified copy of
this order with the third respondent
[by email: [email protected]]
addressed to the Chief Superintendent,
Central Prison, Shivamogga - 577 222.
Sd/-
(B M SHYAM PRASAD)
JUDGE
rs
List No.: 3 Sl No.: 22
