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CDJ 2026 Kar HC 993 My Notes print Preview print print
Court : High Court of Karnataka (Circuit Bench OF Kalaburagi)
Case No : Writ Petition No. 203314 Of 2026 (GM-POLICE)
Judges: THE HONOURABLE MR. JUSTICE S.R. KRISHNA KUMAR
Parties : Mohammed Rayhaan Adil Versus State Of Karnataka, Home Department, Through Principal Secretary, Bengaluru & Another
Appearing Advocates : For the Petitioner: Mohammad Zaid Ameen, Advocate. For the Respondents: Mallikarjun Sahukar, AGA.
Date of Judgment : 17-08-2026
Head Note :-
Constitution of India - Articles 226 & 227 -

Comparative Citation:
2026 KHC-K 7580,
Judgment :-

(Prayer: This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to a) direct the Respondent No.2 to release the petitioner Manoor Ali CTP-4129 on emergency parole for a period of 15 days to attend and solemnize the marriage of his younger brother which is going to be held on 20.08.2026. Hence the presence of the convict is indispensable for performing the customary family rituals and discharge his responsibilities associated with the Marriage Ceremony, 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.)

Oral Order

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

          "a) Direct the Respondent No.2 to release the petitioner MANOOR ALI CTP-4129 on emergency parole for a period of 15 days to attend and solemnize the marriage of his younger brother which is going to be held on 20.08.2026. Hence the presence of the convict is indispensable for performing the customary family rituals and discharge his responsibilities associated with the marriage ceremony;

          b) Pass such 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. The petitioner is before this Court seeking a direction by issuance of a writ in the nature of mandamus to respondent No.2 to consider his request for grant of release of his younger brother on emergency parole for a period of 15 days on the grounds of brother's marriage, who is a life convict - CTP No.4129 in terms of the Prison Manual.

3. Heard the learned counsel for the petitioner and the learned Additional Government Advocate for the respondents and perused the material on record.

4. The brief facts are as follows:

          The petitioner is the elder brother of Sri Manoor Ali (CTP No.4129) who commits a crime which ends up in his conviction in S.C.No.135/2014 on the registration of a crime for the offences punishable under Sections 302 of IPC, the petitioner's younger brother was convicted and sentenced to undergo imprisonment for life.

5. The petitioner's younger brother continues to be in prison and is now in prison for the last 10 years 11 months and 11 days. On all the aforesaid basis, the petitioner seeks parole on the ground that his brother CTP-4129 has been a life convict for over 10 years 11 months and his presence is required to attend and solemnize the marriage of his one more younger brother- Mansoor Ali being scheduled to be held on 20.08.2026 and the presence of the convict is indispensable for performing the customary family rituals and discharge his responsibilities associated with the marriage ceremony.

6. I have given my anxious consideration to the submissions made by the respective learned counsel and have perused the material on record.

7. The aforementioned facts are not in dispute and therefore, requires no reiteration. The petitioner now seeks parole only on the ground that the marriage ceremony of his one more younger brother is being solemnized on 20.08.2026 and hence desires his brother CTP - 4129 also to attend and solemnize the marriage of his another younger brother Mansoor Ali as could be seen from the Marriage Certificate produced at Annexure-B. Therefore, I deem it appropriate to grant the petitioner's brother on emergency parole for a period of 15 days, which becomes operational from 18.08.2026 to 01.09.2026.

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

ORDER

          (i) The Writ Petition is allowed.

          (ii) Petitioner's brother- detenue (Manoor Ali) (CTP No.4129) is granted emergency parole for a period of 15 days, which becomes operational from 18.08.2026 to 01.09.2026.

          (iii) The convict (CTP No.4129) 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.4129) would evade going back to the gaol, after the expiry of the parole period.

          (iv) Respondent No.2 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 No.2, by way of electronic mail, forthwith.
 
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