logo

This Product is Licensed to ,

Change Font Style & Size  Show / Hide
24

  •            

 
CDJ 2026 Kar HC 956 print Preview print Next print
Court : High Court of Karnataka (Circuit Bench OF Kalaburagi)
Case No : Writ Petition No. 203134 Of 2026 (GM-POLICE)
Judges: THE HONOURABLE MR. JUSTICE S.R. KRISHNA KUMAR
Parties : Anjum Versus The Chief Superintendent Of Central Prison, Represented By The Government Advocate, Vijaypura
Appearing Advocates : For the Petitioner: Vishal Pratap Singh, Advocate. For the Respondent: Mallikarjun Sahukar, AGA.
Date of Judgment : 13-08-2026
Head Note :-
Constitution of India - Article 226 -

Comparative Citation:
2026 KHC-K 7197,
Summary :-
1. Statutes / Acts / Rules / Orders Mentioned:
- Article 226 of the Constitution of India
- Rule 191(2)(j)(i) of the Karnataka Prison Manual

2. Catch Words:
- Writ of mandamus
- General parole
- Bail
- Conviction
- Appeal
- Medical grounds
- Conditions of parole

3. Summary:
The petitioner, wife of inmate Makbool (CTP No.6839), filed a writ petition under Article 226 seeking a mandamus directing the respondent to release her husband on a 60‑90 day parole. The petitioner highlighted that the inmate’s bail applications were rejected and that the respondent relied on Rule 191(2)(j)(i) of the Karnataka Prison Manual to deny parole, which the court found erroneous. Medical records showed the petitioner’s serious health issues requiring her husband’s care. The court held that the respondent erred in refusing general parole and set aside the impugned order dated 19.06.2026. Consequently, the court granted a 30‑day general parole from 17.08.2026 to 15.09.2026, imposed attendance conditions, and directed communication of the order to the respondent.

4. Conclusion:
Petition Allowed
Judgment :-

(Prayer: This Writ Petition is filed under Article 226 of the Constitution of India, praying to issue a writ of mandamus directing respondent to release the inmate Makbool S/O Rasulsaab Sheikh, CTP No.6839 Currently in Kalaburagi Central Prison on a 60-90 day Parole by setting aside the impugned order dated 19.06.2026 passed by the respondent which is filed as Annexure-B.)

Oral Order

1. In this petition, petitioner seeks the following relief:

          "To issue a writ of mandamus directing respondent to release the inmate Makbool S/o Rasulsaab Sheikh, CTP No.6839 currently in Kalaburagi Central Prison on a 60-90 day parole by setting aside the impugned order dated 19.06.2026 passed by the respondent which is filed as Annexure-B."

2. Heard learned counsel for the petitioner and learned AGA for the respondent and perused the material on record.

3. A perusal of the material on record will indicate that the petitioner is the wife of Sri.Makbool (CTP No.6839), who was convicted in S.C.No.68/2018 dated 29.08.2022. It is a matter of record that though an appeal in Criminal Appeal No.200175/2022 is pending before this Court, the bail applications were rejected vide orders dated 02.12.2022, 24.03.2023 and 19.06.2024 and there are no other bail applications pending in the said appeal filed by the petitioner.

4. Further, apart from conviction of the petitioner in S.C.No.68/2018, which is currently pending in Criminal Appeal No.200175/2022, the petitioner has not been convicted in any other case. Under these circumstances, the respondents clearly committed an error in refusing to grant general parole in favour of the petitioner on the erroneous / incorrect premise / ground that he was convicted in three more cases and the bail applications are pending before the Court by placing reliance upon Rule 191(2)(j)(i) of the Karnataka Prison Manual, which could not have been relied upon by the respondent for the purpose of issuing the impugned endorsement dated 19.06.2026, which is contrary to the facts and law and the same deserves to be quashed.

5. A perusal of the material on record, in particular, the medical records produced by the petitioner will indicate that she has serious health issues and she requires the care and custody of her husband (detenue), who would be entitled to grant of general parole for a period of 30 days, which becomes operational from 17.08.2026 to 15.09.2026.

6. In view of the aforesaid reasons, I pass the following:

ORDER

          (i) The petition is allowed-in-part.

          (ii) Petitioner's husband - detenue (Makbool) (CTP No.6839) is granted general parole for a period of 30 days, which becomes operational from 17.08.2026 to 15.09.2026.

          (iii) The convict (CTP No.6839) shall mark his attendance in the jurisdictional police station weekly once throughout the period of his parole and it would be the responsibility of the jurisdictional police to take him to gaol, in the event, the convict (CTP No.6839) would evade going back to the gaol, after the expiry of the period of general parole.

          (iv) Respondent shall stipulate strict conditions as are usually stipulated, to ensure return of the detenue to the gaol and that the convict shall not commit any other offence during the period of parole.

          (v) Registry is directed to communicate this order to respondent, by way of electronic mail, forthwith.

          (vi) The petitioner's husband is at liberty to seek extension of general parole, which shall be considered looking at the conduct of the convict, while he is out on parole.
 
  CDJLawJournal