Sri Lohith vs The State Of Karnataka
2026 Latest Caselaw 2093 Kant

Citation : 2026 Latest Caselaw 2093 Kant
Judgement Date : 10 March, 2026

[Cites 2, Cited by 0]

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

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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

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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)

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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.