Disposed¶38

Shabeena v. the State of Karnataka

Karnataka HC28 Jan 2026WP/2094/2026

Case brief

AI extract

What is this about?

Parole; emergency parole; 30 days general parole; prisoner welfare; Karnataka Prisons and Correctional Services Manual 2021; Chapter-34; Paragraph 646(1); endorsement dated 11.01.2026; sister's marriage; pending appeal; leave of Court; Shoheb s/o Mohammed Zafar CTP-00895; Central Prison Shivamogga; Chitradurga Town Police Station; IPC Sections 376AB, 376(2)(n), 506; POCSO Act 2012 Sections 4 and 6; life conviction; B M Shyam Prasad; WP 2094 of 2026; GM-Police; disposed of.

What did the court decide?

The Court finds considerable force in the submission that the parole application was rejected only because of the Instructions contained in Chapter-34, Paragraph 646(1) of the Karnataka Prisons and Correctional Services Manual, 2021, and therefore disposes of the petition, subject to all just exceptions. ¶38

Shabeena Vs the State of Karnataka — Child Sexual Offences (POCSO) | Karnataka HC (2026)

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NC: 2026:KHC:4709 WP No. 2094 of 2026

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 28^TH DAY OF JANUARY, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 2094 OF 2026 (GM-POLICE)

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BETWEEN:

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SHABEENA

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W/O LATE JAFAR SADHIQ

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AGED ABOUT 40 YEARS,

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R/AT GOPALAPURA ROAD,

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AZAD NAGAR, 1ST CROSS, CHITRADURGA-577501

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…PETITIONER

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Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA

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(BY SRI. NAGENDRA B.,ADVOCATE)

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AND:

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THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL CHIEF SECRETORY DEPARTMENT OF HOME AND PRISON, VIDHANA SOUDHA, BANGALORE 560001

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CHIEF SUPERINTENDENT CENTRAL PRISON SHIVAMOGGA, SHIVAMOGGA-577222

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2 - NC: 2026:KHC:4709 WP No. 2094 of 2026

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HC-KAR

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INSPECTOR OF POLICE REPRESENTED BY CHITRADURGA TOWN POLICE STATION, CHITRADURGA TOWN, CHITRADURGA DISTRICT-577501

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DIRECTOR GENERAL OF POLICE AND INSPECTOR GENERAL OF PRISON AND CORRECTIONAL SERVICES NO -4 SESHADRI ROAD, BANGALORE -560009

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…RESPONDENTS

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(BY SRI. B.RAVINDRANATH, AGA)

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THIS WP IS FILED PRAYING TO DIRECTING THE RESPONDENTS TO GRANT 30 DAYS GENERAL PAROLE TO THE PRISONER SHOHEB S/O MOHAMMED ZAFAR (CTP-00895) ON SUCH TERMS AND CONDITIONS AS THIS COURT DEEMS FIT.

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

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NC: 2026:KHC:4709 WP No. 2094 of 2026

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HC-KAR

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

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ORAL ORDER

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The petitioner seeks emergency parole for her son, who is in custody, on conviction for life for the offences punishable under Sections 376AB, 376(2)(n), 506 of Indian Penal Code, 1860 and Sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012. The application filed by the petitioner's son for emergency parole on the ground that his sister is scheduled to get married is rejected by the endorsement dated 11.01.2026. The petitioner is aggrieved by this endorsement and seeks grant of parole.

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Sri B.Ravindranath, the learned Additional Government Advocate, who is called upon to accept notice for the respondents, submits on instructions, that the application for parole is rejected only because of the Instructions contained in Chapter-34,

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NC: 2026:KHC:4709 WP No. 2094 of 2026

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HC-KAR

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Paragraph 646(1) of the Karnataka Prisons and Correctional Services Manual, 2021 [ Manual - 2021 ], and the learned Additional Government Advocate also submits that the petitioner's son has filed an appeal against the conviction which is pending and if the petitioner's son intends to attend his sister's wedding he must seek leave of the Court in the pending appeal. Sri Nagendra B, the learned counsel for the petitioner, does not dispute that the appeal against such conviction is pending. On perusal of Paragraph 646(1) of the Manual - 2021, this Court finds considerable force in the submission by Sri. B.Ravindranath, and therefore, the petition, subject to all just exceptions, stands disposed of.

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Sd/(B M SHYAM PRASAD) JUDGE

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AKC List No.: 2 Sl No.: 3

Shabeena v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Shabeena v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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