Citation : 2026 Latest Caselaw 2286 Kant
Judgement Date : 13 March, 2026
-1-
NC: 2026:KHC:15361
WP No. 6838 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO. 6838 OF 2026 (GM-POLICE)
BETWEEN:
1. SURENDERA POOJARI @ SOORU
S/O LATE BABU POOJARI
S/O HUSSAIN
AGED ABOUT 45 YEARS
(CTP NO.1441)
R/AT SHANTHIGIRI, YARLAPADY VILLAGE
KARKALA TALUK
UDUPI DISTRICT - 574 102.
...PETITIONER
(BY SRI. BALAKRISHNA .M.R, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
DEPARTMENT OF HOME
Digitally signed by
NAGARAJA B M REPRESENTED BY ITS
Location: HIGH
COURT OF
KARNATAKA
PRINCIPAL SECRETARY
BENGALURU - 560001.
2. THE DIRECTOR GENERAL OF POLICE
PRISONS AND CORRECTIONAL SERVICES
SHESHADRI ROAD, BENGALURU - 560 001.
3. THE CHIEF SUPERINTENDENT
CENTRAL PRISON
BELGAVI - 591 108.
...RESPONDENTS
(BY SRI. K.P. YOGANNA, AGA)
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NC: 2026:KHC:15361
WP No. 6838 of 2026
HC-KAR
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R3 TO
EXTEND THE GENERAL PAROLE GRANTED BY THIS HONBLE
COURT VIDE ITS ORDER DATED 30.01.2026 IN WP NO.
2147/2026 AS PER ANNEXURE-A FOR ANOTHER 90 DAYS
COMMENCING FROM 02.03.2026.
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
The captioned petition is filed seeking a direction to
respondent No.3 to extend the general parole granted by
this Court in W.P. No.2147/2026, as per Annexure-A, for a
further period of ninety (90) days commencing from
02.03.2026.
2. The petitioner stands convicted for the offence
punishable under Section 302 of the IPC and is presently
undergoing life imprisonment at Central Prison, Belagavi.
It is not in dispute that the petitioner has been in custody
since 26.10.2010 and has completed about 16 years of
incarceration. Pursuant to the order passed by this Court,
NC: 2026:KHC:15361
HC-KAR
the petitioner is presently on general parole for a period of
thirty (30) days. It is the specific case of the petitioner
that he has submitted a representation dated 17.02.2026
to respondent No.3 seeking extension of parole for a
further period of ninety (90) days. Alleging inaction on the
part of respondent No.3, the present petition is filed.
3. Heard the learned counsel appearing for the
petitioner and the learned AGA appearing for the State.
4. Learned counsel for the petitioner would submit
that the petitioner's mother, aged about 71 years, is
suffering from various ailments and there is no one to take
care of her. He would further submit that during the period
of general parole, the petitioner has strictly adhered to all
the conditions imposed by this Court and has not
committed any violation. It is also contended that the
petitioner has maintained good conduct within the prison
and there are no adverse remarks or pending disciplinary
proceedings against him.
NC: 2026:KHC:15361
HC-KAR
5. Though medical records are not produce,
bearing in mind age of petitioner's mother, this Court is
satisfied that a humanitarian ground is made out
warranting exercise of discretion in favour of the
petitioner. Accordingly, this Court deems it appropriate to
extend the general parole by a further period of thirty (30)
days, subject to suitable conditions.
6. At this juncture, it is also apposite to briefly
advert to the governing principles relating to grant of
parole. Parole is not a matter of right, but a conditional
release granted to a convict for a temporary period,
primarily on humanitarian considerations such as illness or
death in the family, or other emergent circumstances. The
object of parole is twofold: firstly, to enable the prisoner to
attend to pressing personal or family needs; and secondly,
to facilitate the process of reformation and reintegration of
the prisoner into society.
NC: 2026:KHC:15361
HC-KAR
7. In the present case, this Court finds that the
petitioner has maintained satisfactory conduct, has not
violated any conditions during the earlier period of parole,
and has placed sufficient material to demonstrate the
genuine need to attend to his ailing mother. In these
circumstances, the extension of parole is justified, while
safeguarding the interest of the State by imposing
appropriate conditions.
8. Having regard to the material on record, this
Court is of the considered opinion that the petitioner has
made out a justifiable ground for extension of general
parole for a further period of thirty (30) days, subject to
appropriate conditions.
9. In view of the foregoing, the following:
ORDER
(i) The writ petition is allowed;
(ii) Respondent No.3 is directed to extend the general parole of the petitioner for a further
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HC-KAR
period of thirty (30) 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.: 1
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