Disposed

Eshwarnayak, v. the Superintendent of Central Prison

Karnataka HC21 Jan 2026WP/38941/2025

Case brief

AI extract

What is this about?

The High Court of Karnataka held that a writ petition challenging the Superintendent of Police's report on a parole application was premature. The court directed the Superintendent to forward the report to the Director General of Prisons, who is the authority competent to decide the merits. The petition was disposed of with liberty to file the order with the first respondent by email.

What did the court decide?

Petition disposed with liberty to file copy via email to First Respondent for forwarding to Director General of Prisons for final consideration.

Eshwarnayak, Vs the Superintendent of Central… — Criminal Trial and Appeal | Karnataka HC (2026)

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NC: 2026:KHC:3354 WP No. 38941 of 2025

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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 21^ST DAY OF JANUARY, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE B M SHYAM PRASAD

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WRIT PETITION NO. 38941 OF 2025 (GM-POLICE)

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BETWEEN:

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ESHWARNAYAK, S/O TAKANAYAK, AGED ABOUT 44 YEARS, OCCUPATION FARMER, R/AT BILLODI, HOSANAGARA-577418.

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…PETITIONER

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(BY SRI. RAJESH RAO K.,ADVOCATE)

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Digitally signed by VANAMALA N

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Location: HIGH COURT OF KARNATAKA

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AND:

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THE SUPERINTENDENT OF CENTRAL PRISON

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(OPEN AIR JAIL), DEVANAHALLI, BENGALURU. 562110.

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THE STATE OF KARNATAKA, REPRESENTED BY,

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THE HOME DEPARTMENT,

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NC: 2026:KHC:3354 WP No. 38941 of 2025

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HC-KAR

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THROUGH, PRINCIPAL SECRETARY VIDHANA SOUDHA, BENGALURU - 560 001.

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…RESPONDENTS

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(BY SRI.B. RAVINDRANATH., AGA)

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TOI) ALLOW THIS WRIT PETITION AND BE PLEASED TO ISSUE A WRIT OF CERTIORARI, TO SET ASIDE THE ORDER DATED 02/09/2025, PASSED BY THE SUPERINTEND OF POLICE, VIDE ANNEXURE-A; II) TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTING THE 1^ST RESPONDENT TO RELEASE THE ABOVE PETITIONER PREMATURELY OR GRANT OF GENERAL PAROLE FOR 90 DAYS.

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THIS PETITION, COMING ON FOR ORDERS,

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THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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

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NC: 2026:KHC:3354 WP No. 38941 of 2025

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HC-KAR

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ORAL ORDER

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The petitioner is convicted for the offences punishable under Sections 302 and 307 and other offences under IPC in the proceedings commenced with Crime No.406/2017. The petitioner has filed an application for being admitted to general parole, and the first respondent [the concerned Superintendent of Jail] has called for a report from the jurisdictional Superintendent of Police, Shivamogga.

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The jurisdictional Superintendent of Police has filed a report on 02.09.2025 stating, amongst others, that the first information filed by the complaint against others in Crime No.189/2017 is pending and that if the petitioner is admitted to parole, there is every possibility of the petitioner resorting to vengeance against those who have filed first information against him. The Superintendent of Police has also stated that the petitioner's husband has also filed information against these persons.

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NC: 2026:KHC:3354 WP No. 38941 of 2025

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HC-KAR

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Sri Rajesh Rao K., the learned counsel for the petitioner, and Sri B. Ravindranath, the learned Additional Government Advocate who accepts notice for the respondents, are heard. An application for parole must be considered in accordance with the procedure established in the Karnataka Prisons and Correctional Services Manual 2021. The first respondent [the Superintendent of Central Prison] must place the report received from the Jurisdictional Superintendent of Police with the Director General of Prisons and Correctional Services [the Director General of Prisons] who shall decide on the merits of the application in the light of the report and the purpose of admitting a convict on parole. The petition is premature as the Director General is yet to take a decision and hence the following:

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ORDER

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[a] The petition stands disposed of with

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liberty to the petitioner to file a certified

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NC: 2026:KHC:3354 WP No. 38941 of 2025

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HC-KAR

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copy of this order with the first respondent over email [ [email protected] ] calling upon the first respondent to forward a copy of this order and the report for due consideration by the Director General of Prisons..

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[b] The first respondent shall forward the report to the Director General of Prisons within a week from the date of receipt of information of this order and the Director General of Prisons shall decide on the application within the next three [3] weeks and communicate the decision to

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the petitioner.

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SD/(B M SHYAM PRASAD) JUDGE

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Eshwarnayak, v. the Superintendent of Central Prison

Case brief

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Eshwarnayak, v. the Superintendent of Central Prison

Case brief

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