[Cites 4, Cited by 0]
Karnataka High Court
Renuka Channagiri W/O Prakasha G D vs The State Of Karnataka on 4 February, 2026
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NC: 2026:KHC-D:1572
WP No. 108179 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 4TH DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
WRIT PETITION NO.108179 OF 2025 (GM-POLICE)
BETWEEN:
RENUKA CHANNAGIRI W/O. PRAKASHA G.D.,
SISTER OF CONVICT SIDDESHA
S/O. BHARAMAPPA CHANNAGIRI (CTP-4644)
AGED ABOUT 26 YEARS,
R/O. SIDDESHWARA NAGAR, MASUR,
RATTIHALLI TALUK, VTC: MASUR, P.O. MASUR,
DISTRICT HAVERI, KARNATAKA-581210.
...PETITIONER
(BY SMT. UMME SALMA, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
HOME DEPARTMENT,
THRU. PRINCIPAL SECRETARY,
VIDHANA SOUDHA, BENGALURU-560001.
Digitally signed by 2. THE CHIEF SUPERINTENDENT,
YASHAVANT CENTRAL PRISON, DHARWAD-580008.
NARAYANKAR
...RESPONDENTS
Location: HIGH
COURT OF
KARNATAKA (BY SRI. T.HANUMAREDDY, ADDL. GOVT. ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT OF
MANDAMUS OR ANY OTHER APPROPRIATE WRIT(S), ORDER (S) OR
DIRECTION(S) AND THEREBY; A) DIRECT THE RESPONDENT NO.2 TO
RELEASE THE PETITIONER'S BROTHER, CONVICT NAMELY SIDDESHA
S/O. BHARAMAPPA CHANNAGIRI (CTP-4644) ON GENERAL PAROLE
FOR A PERIOD OF 90 DAYS IN THE INTEREST OF JUSTICE. B) PASS
ANY OTHER ORDER(S) WHICH THIS COURT MAY DEEM FIT AND
PROPER UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE, IN
THE INTEREST OF JUSTICE.
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NC: 2026:KHC-D:1572
WP No. 108179 of 2025
HC-KAR
THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
ORAL ORDER
The present writ petition is filed seeking the following
prayers:
"a) Direct the Respondent No.2 to release the
Petitioner's brother, convict namely Siddesha S/o.
Bharamappa Channagiri (CTP-4644) on general parole
for a period of 90 days in the Interest of Justice.
b) Pass any other order(s) which this court may deem
fit and proper under the facts and circumstances of
the case, in the interest of justice."
2. It is the case that the petitioner's brother is convicted
and is undergoing the sentence of life imprisonment with fine for
the offences under Section 366 of IPC and Section 6 of the
Protection of Children from Sexual Offences Act, 2012 and
Section 3(2) of the Scheduled Castes and Scheduled Tribes Act.
3. It is stated that the petitioner's brother has
undergone the actual custody of 5 years, 5 months and 8 days
as per the imprisonment certificate. It is stated that the
convicted prisoner has filed a writ petition before this Court
seeking grant of parole for a period of 90 days and same has
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been rejected. Earlier the writ petition was filed by the mother,
now it is filed by the brother and he is seeking a parole of 90
days for getting treatment of his mother as she is seriously
suffering from many ailments and no one is at home, who can
get treated the convict's mother. There is no other effective
alternative remedy and hence they have come up before this
Court.
4. This writ petition came up before the Court on
19.11.2025 and it was adjourned on 24.11.2025, 08.12.2025
and today when the matter is called, there is no representation
on behalf of the petitioner.
5. The writ petitions are being filed seeking parole
before this Court, which is contrary to Section 191 of the
Karnataka Prison Rules, 1974. This Court in
W.P.No.109758/2025 has passed a detailed order that whenever
the application is filed by the convict, the jail authorities, strictly
in accordance with Rule 191 of the Karnataka Prison Rules, 1974,
shall consider the case and shall pass order.
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6. Further, it is observed by the Court that if no report
is received from the concerned Magistrate or the Station House
Officer within 15 days, it is presumed that the concerned Police
and the Magistrate have nothing adverse to report against the
prisoner and the Inspector General of Police shall proceed in
accordance with Rule 191 of the Karnataka Prison Rules, 1974.
Earlier writ petition i.e., W.P.No.103386/20285 disposed on
22.08.2025, it is observed that there is no particular emergency,
which has arisen for such release of the detenue, who has only
served 3 years 11 months 19 days as on 28.03.2025 and liberty
was reserved to approach the Court once again after serving at
least 5 years. In the considered opinion of this Court, in the light
of Rule 191 of the Karnataka Prison Rules, 1974, the High Court,
in the usual course, shall not pass an order of parole. It is the
duty of the Authorities to act as per Section 191 of the Karnataka
Prison Rules, 1974. If they fail to act in accordance with law,
there shall be a direction to them to act in accordance with law
for granting a parole. Further, all the necessary documents, the
conduct of the prisoner and other antecedents will be before the
jail authorities, which would facilitate them to consider it in
accordance with Rules and pass an order. In that view of the
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matter, this Court finds no reason to pass any order in this writ
petition. Accordingly, this Court is passing the following:
ORDER
(i) The writ petition is dismissed as the same is
devoid of merits. However, liberty is given to
the petitioners to avail the appropriate remedy.
(ii) All I.As., in this writ petition shall stand closed.
Sd/-
JUSTICE LALITHA KANNEGANTI
YAN
CT: UMD
List No.: 1 Sl No.: 4
