[Cites 8, Cited by 0]
Karnataka High Court
Mallikarjun Reddy vs The State Of Karnataka on 10 March, 2026
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
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NC: 2026:KHC-K:2275
WP No. 200480 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 10TH DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
WRIT PETITION NO. 200480 OF 2025 (GM-POLICE)
BETWEEN:
MALLIKARJUN REDDY
S/O SOMANATH REDDY TIPPANNAVAR,
AGE: 57 YEARS, OCC: NIL,
R/O. HANGARAKI VILLAGE, TQ. SEDAM,
DIST. KALABURAGI,
NOW IN KALABURAGI (CENTRAL PRISON).
...PETITIONER
(BY SRI. M. SUDHAKAR RAO, ADVOCATE)
AND:
Digitally signed
by SACHIN 1. THE STATE OF KARNATAKA,
Location: HIGH THROUGH HOME SECRETARY,
COURT OF
KARNATAKA GOVT OF KARNATAKA, VIDHAN SOUDHA,
BANGLORE-560001.
2. THE SUPERINTENDENT
CENTRAL PRINSON KALABURAGI.
3. THE SUPERINTENDENT OF POLICE
KALABURAGI DISTRICT, KALABURAGI.
4. THE POLICE SUB-INSPECTOR,
SEDAM POLICE STATION, SEDAM
DIST. KALABURAGI.
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NC: 2026:KHC-K:2275
WP No. 200480 of 2025
HC-KAR
REPRESENTED BY
STATE ADDL. PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
KALABURAGI-585107.
...RESPONDENTS
(BY SRI VIRANAGOUDA M. BIRADAR, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, a)
ISSUE WRIT OF CERTIORARI QUASHING THE IMPUGNED
ORDER DATED 27.01.2025 IN FILE NO. CJK/JE-I/ / 2024-25
PASSED BY RESPONDENT NO.2 AS PER ANNEXURE-J AND ALSO
DIRECT THE RESPONDENT TO RELEASE THE PETITIONER ON
PAROLE AS PER LAW. b) ISSUE ANY WRIT OR ORDER OR
DIRECTIONS AS THIS HON'BLE COURT DEEMS FIT IN
CIRCUMSTANCES OF THE CASE.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
IN B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:
CORAM: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
ORAL ORDER
1. The petitioner is before this Court in this writ
petition filed under Articles 226 & 227 of the Constitution of
India, with a prayer to quash the impugned endorsement
dated 27.01.2025 bearing No.KeKaaKa/NyaVi-1/ /2024-25
passed by the respondent No.2 vide Annexure-K.
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HC-KAR
2. Heard the learned counsel for the petitioner and
the learned AGA for the respondent Nos.1 to 4.
3. The petitioner had filed an application before the
respondent No.2 with a prayer to release him on parole for a
period of 30 days. The said application was initially rejected
by the respondent No.2 on 08.06.2021. The same was
questioned by the petitioner before this Court in
W.P.No.203409/2024, which was disposed of reserving
liberty to the petitioner to submit a fresh representation
along with supportive documents and the respondent No.2
was directed to consider the same within a period of three
weeks from the date of submission of such representation.
Subsequently, the petitioner had filed another application
and the respondent No.2 had called for a report from the
respondent No.4, who had submitted a report on 23.01.2025
vide Annexure-J. Based on the said report, the impugned
endorsement has been issued by the respondent No.2
rejecting the prayer of the petitioner to release him on
parole for a period of 30 days. It is under these
circumstances, the petitioner is before this Court.
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HC-KAR
4. Perusal of the material on record would go to
show that, the petitioner was charge-sheeted in the present
case for the offences punishable under Sections 498(A),
304(B) and 302 of IPC and Sections 3, 4, and 6 of Dowry
Prohibition Act, and was tried for the charge-sheeted
offences by the jurisdictional Sessions Court in
S.C.No.236/2002. It appears that, the trial Court had
acquitted the petitioner in S.C.No.236/2002 vide Judgment
and order of acquittal dated 24.02.2010, however, in
Criminal Appeal No.3692/2010 filed by the State, the
Division Bench of this Court had set aside the Judgment and
order of acquittal passed in S.C.No.236/2002, by Judgment
and order dated 08.08.2017 and had convicted him for the
charge-sheeted offence. The said Judgment of conviction and
order of sentence passed in Criminal Appeal No.3692/2010
has been confirmed by the Hon'ble Supreme Court.
5. The custody certificate of the petitioner at
Annexure-F dated 18.10.2024 would go to show that, after
the petitioner was arrested in the present case on
02.05.2002, he was in custody till 19.06.2003. Thereafter,
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he was on bail during the pendency of the trial.
Subsequently, he was acquitted by the trial Court in
S.C.No.236/2002 and thereafter, the said Judgment and
order of acquittal was set aside by this Court in Criminal
Appeal No.3692/2010 on 08.08.2017. The petitioner was
again taken to custody on 22.09.2017 and ever since then,
he is in custody. From the aforesaid, it is apparent that, for a
period of about 14 years i.e. from 19.06.2003 to
22.09.2017, the petitioner was on bail. There was no
complaint as against him at any point of time during the
aforesaid 14 years that he had involved himself in any other
crime or that he had caused any untoward incident in the
village.
6. Under the circumstances, the report of
respondent No.4 at Annexure-J dated 23.01.2025 expressing
apprehension that, in the event the petitioner is released on
bail, he is likely to involve himself in any untoward incident
in the village, is without any basis. The respondent No.2 has
failed to appreciate the aforesaid aspects of the matter and
mechanically has placed reliance on such a report and has
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HC-KAR
rejected the prayer of the petitioner to release him on parole
for a period of 30 days.
7. Under the circumstances, I am of the opinion
that, the impugned endorsement at Annexure-K dated
27.01.2025 bearing No.KeKaaKa/NyaVi-1/ /2024-25 issued
by respondent No.2 cannot be sustained.
8. Accordingly, the following order:
ORDER
(i) The writ petition is allowed;
(ii) The impugned endorsement at
Annexure-K dated 27.01.2025 bearing
No.KeKaaKa/NyaVi-1/ /2024-25 issued by
respondent No.2 is quashed and he is directed to
consider the request of the petitioner for release
on parole afresh in the light of the observation
made herein above, as expeditiously as possible,
but not later than a period of two weeks from the
date of receipt of copy of this order.
Sd/-
(S.VISHWAJITH SHETTY)
JUDGE
SVH
List No.: 1 Sl No.: 60
