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NC: 2026:KHC:16856 WP No. 4474 of 2026

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24^TH DAY OF MARCH, 2026

BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

WRIT PETITION NO. 4474 OF 2026 (GM-POLICE)

BETWEEN: SAVITHA M

W/O RAJESH M SISTER OF PRISONER

SANTOSH MB @ SULLYA SANTOSH S/O BANALANAGOUDA

(CTP-4221)

AGED ABOUT 42 YEARS R/O 2-236 MARANGALA HOUSE,

VTC BALILA, SUB DISTRICT SULLIA, DISTRICT DAKSHIN KANNADA,

KARNATAKA - 574212.

…PETITIONER (BY SRI.METRI MAHAMMAD ISMAYIL ,ADVOCATE FOR;

SMT. UMMLE SALMA, ADVOCATE)

Digitally signed by AND:

CHAITHRA A Location:

HIGH 1. THE STATE OF KARNATAKA COURT OF HOME DEPARTMENT, KARNATAKA THROUGH PRINCIPAL SECRETARY

VIDHANA SOUDHA, BENGALURU-560 001.

2. THE CHIEF SUPERINTENDENT CENTRAL PRISON

BELAGAVI-580008.

…RESPONDENTS (BY SRI. K.P. YOGANNA, AGA)

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NC: 2026:KHC:16856 WP No. 4474 of 2026

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THIS W P IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NO.2 TO RELEASE THE PETITIONERS BROTHER NAMED SANTOSH MB AT SULLYA SANTOSH S/O BALANAGOUDA (CTP NO. 4221) ON GENERAL PAROLE FOR A PERIOD OF 90 DAYS IN THE INTEREST OF JUSTICE.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.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

ORAL ORDER

The captioned petition is filed seeking a direction

against respondent No.2 to release petitioner's brother on

general parole for a period of 90 days.

2. Learned counsel for the petitioner would submit

that the petitioner’s brother, who stands convicted and is presently undergoing life imprisonment, has already completed more than 11 years of incarceration. It is contended that the request for grant of parole is not founded on any extraneous consideration, but is premised on compelling humanitarian grounds, namely the

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precarious medical condition of their mother, who is stated to be suffering from left-sided paralysis and amnesia. Placing reliance on the medical records as well as the order passed by a Coordinate Bench in W.P. No.31271/2024, learned counsel would submit that she is bedridden, incapable of attending to her daily needs without assistance, and requires constant care and further medical treatment. It is thus urged that the presence of the detenue is indispensable to make necessary

arrangements for her treatment and care.

3. Learned Additional Government Advocate, on

instructions, would fairly submit that the detenue has undergone more than 11 years of sentence and that the request of the petitioner may be considered in accordance

with law governing grant of parole.

4. Having heard the learned counsel appearing for

the parties and on perusal of the material placed on record, this Court is required to examine the claim of the petitioner in the backdrop of the settled principles

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governing grant of parole. Parole, it is trite, is not a matter of right but is a reformative measure and a conditional release intended to enable a convict to maintain social and familial ties, especially in circumstances warranting humanitarian consideration. Courts have consistently held that in cases involving serious illness of close family members, temporary release on parole can be granted, subject to adequate safeguards, so as to balance the societal interest with the individual’s right to attend to

pressing family exigencies.

5. In the present case, the material on record,

particularly the medical documents, clearly indicate that the detenue’s mother is in a critical and dependent condition, being afflicted with paralysis and amnesia, and is unable to manage her day-to-day affairs without assistance. The fact that the detenue has already undergone a substantial period of incarceration, coupled with the absen