Shashikala Vs State of Karnataka — Writ and Judicial Review | Karnataka HC (2026)

Shashikala Vs State of Karnataka — Writ and Judicial Review | Karnataka HC (2026)

What the court decided

AI extract

Outcome

Impugned Endorsement dated 11.03.2025 quashed; petitioner may forward a certified copy of the order together with copies of the bail orders over E-mail ([email protected]) to the Chief Superintendent, Central Prison, Mysuru, who shall within a week of receipt forward the same to the Director General, Prisons and Correctional Services, who shall consider the same and communicate the decision to the petitioner's son within the next four [4] weeks.

Issue for consideration

Whether the request for general parole ought to have been considered by the Director General, Prisons and Correctional Services under the Karnataka Prisons and Correctional Services Manual 2021 rather than rejected outright by the second respondent. +1 more

Court's answer

The request for parole ought to have been considered by the Director General, Prisons and Correctional Services under the Karnataka Prisons and Correctional Services Manual 2021.

Ratio / Principle

Such consideration should have been in the light of the petitioner's son being admitted to bail in the pending cases; the second respondent should not have rejected the application without examining whether he was admitted to bail in the pending cases.

Key takeaways

To ensure there is necessary consideration, the Court intervenes quashing the impugned Endorsement dated 11.03.2025, reserving liberty to the petitioner to file a certified copy of the order along with copies of the bail orders.ratio¶39
The Chief Superintendent, Central Prison, Mysuru shall, within a week of receipt, forward the certified copy of the order and the bail orders to the Director General, Prisons and Correctional Services, who shall consider them and communicate the decision to the petitioner's son within the next four [4] weeks.ratio¶44

Detailed headnote1 paragraphs

General parole - Life convict (S.C.No.18/2021, IV Additional District and Sessions Judge, Hassan sitting at Channarayapatna) denied general parole by Endorsement dated 11.03.2025 of the Chief Superintendent, Central Prison, Mysore, solely on the ground that he stands trial in six different cases - Rejection improper: the Court observes that a parole request ought to have been considered by the Director General, Prisons and Correctional Services under the Karnataka Prisons and Correctional Services Manual 2021, and such consideration should have taken into account that the convict has been admitted to bail in the pending cases - Endorsement quashed; petitioner at liberty to send certified copy of the order with bail orders over E-mail to the Chief Superintendent, who shall forward them to the Director General within a week; Director General to consider and communicate the decision within four [4] weeks.

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NC: 2026:KHC:6169 WP No.11853/2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3^RD DAY OF FEBRUARY, 2026 BEFORE

THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO.11853/2025 (GM-POLICE)

BETWEEN:

SHASHIKALA

W/O H D MAHENDRA,

MOTHER OF NANDAKUMAR H M @

NANDAN CTP 01044

AGED ABOUT 65 YEARS, R/O HALEKOBA KARAMALDD, BIDARAHALLI, CHIKKAMANGALURU, KARNATAKA - 577 132.

…PETITIONER

Digitally signed by VANAMALA N

Location: HIGH COURT OF KARNATAKA

(BY SRI SIRAJUDDIN AHMED, ADVOCATE)

AND:

STATE OF KARNATAKA HOME DEPARTMENT THROUGH PRINCIPAL SECRETARY, VIDHANA SOUDHA, BENGALURU - 560001.

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NC: 2026:KHC:6169 WP No.11853/2025

HC-KAR

CHIEF SUPERINTENDENT CENTRAL PRISON,

MYSORE - 570 007

…RESPONDENTS

(BY SRI.B.RAVINDRANATH, AGA)

THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NO.2 TO RELEASE PETITIONERS CONVICT SON NANDAKUMAR H M @ NANDAN CTP 01044 ON GENERAL PAROLE FOR A PERIOD OF 30 DAYS WITH FURTHER EXTENSION OF 60 DAYS ON THE GROUND THAT TO ENGAGE IN AGRICULTURE ACTIVITIES SPECIFICALLY TO GROW CROPS, THE PRESENCE OF PETITIONERS SON IS VERY MUCH NECESSARILY REQUIRED AND ALSO THE PETITIONER SON HAS NOT BEEN RELEASED ON EARLIER FOR A SINGLE PERIOD OF TIME.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD

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NC: 2026:KHC:6169 WP No.11853/2025

HC-KAR

ORAL ORDER

The petitioner's son is serving life sentence upon his conviction for the different offences in S.C.No.18/2021 on the file of the IV Additional District and Sessions Judge, Hassan [Sitting at Channarayapatna], and his application for general parole is rejected by the Endorsement dated 11.03.2025. The second respondent has rejected the petitioner's application because he stands trial in six different cases.

Mr. Sirajuddin Ahmed, the learned counsel for the petitioner, submits that the petitioner has been admitted to the bail in all of these cases and therefore, the pendency cannot be a reason for rejection. Mr. B. Ravindranath, the learned Additional Government Advocate, is heard in the light of these submissions.

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NC: 2026:KHC:6169 WP No.11853/2025

HC-KAR

This Court must first observe that the request for parole ought to have been considered by the Director General, Prisons and Correctional Services under the Karnataka Prisons and Correctional Services Manual 2021 and such consideration should have been in the light of the petitioner being admitted to bail in the pending cases. Further, the second respondent should not have rejected the application without examining whether the petitioner's son was admitted to bail in the pending cases.

To ensure there is necessary consideration, this

Court intervenes quashing the impugned Endorsement dated 11.03.2025 reserving liberty to the petitioner to file a certified copy of this order along with the copies of the bail orders. The learned counsel for the petitioner is reserved with liberty to forward the certified copy of this order and the document as aforesaid over E-mail to the Chief Superintendent, Central Prison, Mysuru [ the second

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NC: 2026:KHC:6169 WP No.11853/2025

HC-KAR

respondent ] [ [email protected] ] who shall,

within a week from the date of receipt of this order, forward the same to the Director General, Prisons and Correctional Services, who shall consider the same and communicate the decision to the petitioner's son within the next four [4] weeks.

SD/(B M SHYAM PRASAD) JUDGE

RB