Karnataka High Court
Shivkumar vs The State Of Karnataka on 24 March, 2026
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
-1-
NC: 2026:KHC-K:2632
WP No. 200428 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 24TH DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
WRIT PETITION NO. 200428 OF 2026 (GM-POLICE)
BETWEEN:
SHIVKUMAR S/O DEVINDRAPPA PATIL,
AGE: 45 YEARS, OCC: LEGAL PRACTITIOINER,
R/O SONNA, SOAN KALABURAGI 585301
...PETITIONER
(BY SRI. MANVENDRA REDDY.,ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
BY ITS PRINCIPAL SECRETARY
HOME DEPARTMENT
Digitally signed by VIDHANA SOUDHA, BENGALURU 560001
NIJAMUDDIN
JAMKHANDI
Location: HIGH 2. THE DIRECTOR GENERAL OF PRISONS
COURT OF
KARNATAKA AND CORRECTIONAL SERVICES,
BENGALURU 560001
3. THE CHIFE SUPERINTENDENT
CENTRAL PRISON, KALABURAGI 585308
...RESPONDENTS
(BY SRI MALHARA RAO AAG A/W
SRI SESHADRI JAISHANKAR M, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, I)
-2-
NC: 2026:KHC-K:2632
WP No. 200428 of 2026
HC-KAR
ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE
RESPONDENTS TO FORTHWITH PERMIT THE ADVOCATE/
NOTARY TO MEET UNDER-TRIAL PRISONER RUDRAGOUDA
D.PATIL @ R.D.PATIL, AND OBTAIN HIS SIGNATURE ON
VAKALATHNAMA AND AFFIDAVIT. II) DIRECT THE
RESPONDENTS NOT TO CAUSE ANY OBSTRUCTION IN FUTURE
TO THE LEGAL RIGHTS OF THE PRISONER. III) PASS SUCH
OTHER ORDER AS THIS HONOURABLE COURT DEEMS FIT.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
ORAL ORDER
Petitioner, who is a practicing advocate is before this Court in this writ petition filed under Articles 226 and 227 of the Constitution of India seeking the following reliefs:
"I) Issue a writ in the nature of mandamus directing the respondents to forthwith permit the Advocate/ Notary to meet under-trial prisoner Rudragouda D.Patil @ R.D.Patil, and obtain his signature on vakalathnama and affidavit. II) Direct the respondents not to cause any obstruction in future to the legal rights of the prisoner.
III) pass such other order as this Honourable Court deems fit."-3-
NC: 2026:KHC-K:2632 WP No. 200428 of 2026 HC-KAR
2. Heard the learned counsel for the petitioner and learned Additional Advocate General on behalf of respondent Nos.1 to 3.
3. Petitioner is the brother of the under-trial prisoner namely R.D. Patil, @ Rudragouda D. Patil, who is presently lodged in Kalaburagi Central Jail, in connection with Crime No.160/2023 registered by Ashoknagar Police Station, Kalaburagi. According to the petitioner, Sri Shivaraj S Bajenor, a practicing Advocate/Notary, had visited the Central Jail at Kalaburagi on 13.01.2026 for the purpose of obtaining necessary signature of the under trial prisoner on Vakalathnama and Affidavit, which was necessary for initiating appropriate proceedings against the prison authorities. However, the concerned jail authorities had refused permission to the learned Advocate and therefore, the learned Advocate namely Sri Shivaraj S Bajenor had once again visited the Central Jail, Kalaburagi on 14.01.2026 and had made a written application, as per Annexure-A1, with a prayer to permit him to meet the -4- NC: 2026:KHC-K:2632 WP No. 200428 of 2026 HC-KAR under trial prisoner R.D. Patil and obtain his signature on the Vakalathnama and Affidavit. Since the same was refused, petitioner is before the this Court seeking the aforesaid reliefs.
4. Learned Additional Advocate General on instructions submits that the aforesaid learned Advocate/Notary will be permitted to meet the under-trial prisoner R.D. Patil and get his signatures on the Vakalathnama and the Affidavit. Therefore, there is no necessity for this Court to issue any writ of mandamus to respondents.
5. Said submission is placed on record.
6. Accordingly, the following:
ORDER The writ petition is disposed of with liberty to the Advocate/Notary of the under-trial prisoner i.e. R.D. Patil, to approach the under- trial prisoner and seek his signatures on the -5- NC: 2026:KHC-K:2632 WP No. 200428 of 2026 HC-KAR Vakalathnama and Affidavit. In such an event, the concerned jail authority shall not deny permission to him, provided that the Advocate/Notary, approaches the jail authorities during the prescribed visiting time limits.
Sd/-
(S.VISHWAJITH SHETTY) JUDGE NJ List No.: 1 Sl No.: 0