Smt Architha Cv Vs State of Karnataka — Murder and Culpable Homicide | Karnataka HC (2026)

Smt Architha Cv Vs State of Karnataka — Murder and Culpable Homicide | Karnataka HC (2026)

What the court decided

AI extract

Outcome

Release of Sri.C.M.Venkateshappa (CTP No. 10876) on general parole for 30 days commencing 15.06.2026, subject to weekly attendance-marking at the jurisdictional Police Station and strict State-stipulated return/no-reoffending conditions; Registry directed to communicate the order to the prison authority for immediate execution; liberty reserved to the detenu to approach the Court for extension, to be considered on the basis of his conduct.

Issue for consideration

Whether the petitioner's father, life-convict Sri.C.M.Venkateshappa (CTP No. 10876, convicted under S.302 IPC in SC No.183/2016), should be released on parole — sought for 90 days to carry out repairs of the house — notwithstanding the rejection of his parole application by Respondent No.2's endorsement dated 04/12/2024.

Court's answer

On the detenu's nearly ten years in custody since 12.09.2016, his satisfactory conduct with no complaint against him, the remission of 1 year 11 months 2 days earned as on 16.07.2025 (imprisonment certificate dated 18.07.2025), and the photographs showing the house requires repairs, the detenu would be entitled to be released on general parole for 30 days to carry out the house repairs.

Ratio / Principle

The writ petition is allowed, and Respondent No.2 – Chief Superintendent, Central Prison, Bangalore, is directed to release the detenu Sri.C.M.Venkateshappa, CTP No. 10876, on parole for a period of 30 days commencing 15.06.2026, subject to conditions.

Key takeaways

Condition imposed: during parole the prisoner shall mark his attendance at the jurisdictional Police Station once weekly throughout the parole period, with the jurisdictional Police responsible for taking him back to gaol if he evades returning after expiry of the parole.ratio¶50
Condition imposed: Respondent No.1 – State of Karnataka shall stipulate strict conditions, as usually stipulated, to ensure the detenu's return to gaol and that he commits no other offence during the parole period.ratio¶51

Detailed headnote1 paragraphs

Karnataka High Court, Bengaluru (Suraj Govindaraj, J.), WP No. 11307 of 2026 (GM-Police), decided 04.06.2026 — Allowed. The petitioner, daughter of life-convict Sri.C.M.Venkateshappa (CTP No. 10876) — convicted on 06.12.2018 by the 2nd Additional District and Session Judge, Kolar in S.C.No. 183/2016 for offences punishable under S.302 IPC; in custody since 12.09.2016; remission of 1 year 11 months 2 days earned as on 16.07.2025; satisfactory custodial conduct with no complaints — sought a 90-day parole to repair the family house after Respondent No.2's rejection endorsement (Annexure-B, No./KKABE/J3/13891/2024, dated 04/12/2024). Finding the detenu entitled to release on general parole for house repairs, the Court allowed the writ petition and directed the Chief Superintendent, Central Prison, Bangalore, to release him on parole for 30 days commencing 15.06.2026, conditioned on weekly attendance at the jurisdictional police station and strict State-stipulated return/no-reoffending conditions; the Registry was directed to communicate the order for immediate execution, and liberty was reserved to seek extension based on conduct.

NC: 2026:KHC:26961 WP No. 11307 of 2026

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HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 4^TH DAY OF JUNE, 2026

BEFORE

THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 11307 OF 2026 (GM-POLICE)

BETWEEN:

SMT ARCHITHA CV D/O. VENKATESHAPPA CV, AGED ABOUT 43 YEARS, R/AT- CHALDIGANAHALLI, VILLAGE, KYALANUR POST, BANGARPET DISTRICT, KOLAR-563 101

(DAUGHTER OF VENKATESHAPPA CM HAVING CTP NO. 10876 (NOW IN CUSTODY CENTRAL PRISON, BENGALURU) …PETITIONER

(BY SRI. KIRAN S S.,ADVOCATE)

AND:

Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA

STATE OF KARNATAKA REPRESENTED BY ITS SECRETARIAT, DEPARTMENT OF HOME, VIDHANA SOUDHA BANGALORE- 560 001

THE CHIEF SUPERINTENDENT CENTRAL PRISON, PARAPPANAGHRAHARA, BANGALORE- 580 100

THE COMMISSIONER OF POLICE OPPOSITE DEVARAJ URS MEDICAL COLLEGE TAMAKA, KOLAR- 563 103

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THE SUPERINTENDENT OF POLICE KOLAR DISTRICT, KOLAR

(AMENDMENT AS PER V/C/D 09.4.2026)

…RESPONDENTS

(BY SRI. DEVARAJ C.H., GA FOR R1 TO R3)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI BY QUASHING THE ENDORSEMENT AS ANNEXURE-B ISSUED BY THE 2ND RESPONDENT DATED 04/12/2024, NO./KKABE/J3/13891/2024, BY DIRECTING THE RESPONDENT NO.2/CENTRAL PRISON, BANGALORE, TO RELEASE THE PETITIONERS FATHER ON PAROLE FOR A PERIOD OF 90 DAYS IN PRISONER CTP NO. 10876 CONVICTED BY THE JUDGEMENT AND ORDER DATED 06.12.2018 PASSED BY THE HONBLE 2ND ADDITIONAL DISTRICT AND SESSION JUDGE, KOLAR, IN S.C.NO. 183/2016 AS PER THE ANNEXURE-A FOR THE OFFENCES PUNISHABLE U/SEC. 302 OF IPC, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.

THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

ORAL ORDER

The petitioner is the daughter of

Sri.C.M.Venkateshappa., CTP No. 10876 is before this Court seeking for the following reliefs;

1. Issue a Writ of Certiorari by quashing the endorsement as ANNEXURE-B issued by the 2nd Respondent dated 04/12/2024, No./KKABE/J3/13891/2024, by directing the Respondent No.2/Central Prison, Bangalore, to release the Petitioner's father on parole for a period of 90 days in prisoner CTP No.10876 convicted by the judgement and order dated 06.12.2018 passed by the Hon'ble 2nd Additional District and Session

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NC: 2026:KHC:26961 WP No. 11307 of 2026

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Judge, Kolar, in S.C.No . 183/2016 as per the Annexure- A for the offences punishable U/sec.302 of IPC, in the interest of justice and equity.

2. Issue such other suitable orders or direction as this Hon'ble court deems fit and proper in the nature and circumstances of the case, in the interest of justice and equity.

The petitioner is the daughter of Sri.C.M.Venkateshappa., CTP No. 10876 who was convicted for the offences under Section 302 of the IPC in SC No.183 of 2016 by the 2^nd Additional District and Session Judge, Kolar on 06.12.2018 to undergo imprisonment for life.

The detenu has been in custody from 12.09.2016 till date. The detenu had not applied for parole earlier and as such was not released on parole on any earlier occasion.

The detenu on this occasion had made an application for parole for carrying out repairs of the house in respect of which the photograph has been produced at Annexure-D. The said application has been rejected, the detenu is before this Court.

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Having perused the papers, it is clear that the detenu has been in custody from 12.09.2016 for nearly 10 years now and has earned a remission of 1 year 11 months 2 days as on 16.07.2025 as per the imprisonment certificate dated 18.07.2025. The conduct of the detenu during his incarceration has been satisfactory and there is no complaint against the detenu. The photographs indicate that the house requires repairs and it is the daughter of the detenu who has approached this court by filing the above petition.

In that view of the matter, I am of the considered opinion that the detenu would be entitled to be released on general parole for a period of 30 days to carry out the house repairs. As such, I pass the following;

ORDER

i. The writ petition is allowed .

ii. Respondent–Chief Superintendent, Central Prison, Bangalore, is directed to release the detenuSri.C.M.Venkateshappa., CTP No. 10876 on parole

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for a period of 30 days commencing from 15.06.2026, subject to the following conditions:

a. The prisoner- Sri.C.M.Venkateshappa., CTP No. 10876 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 them to gaol, in the event, the convict would evade going back to the gaol, after the expiry of the period of parole.

b. Respondent No.1- State of Karnataka shall stipulate strict conditions as are usually stipulated to ensure return of the detenu to the gaol and that he shall not commit any other offence during the period of parole.

iii. The Registry is directed to communicate the order to the prison authority for its immediate execution.

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iv. Liberty is reserved to the detenu to approach this Court for extension, which shall be considered on the

basis of the conduct of the detenu.

Sd/(SURAJ GOVINDARAJ) JUDGE

SR List No.: 1 Sl No.: 29