Karnataka High Court
Mrs. Vijaya Kumari vs State Of Karnataka on 6 February, 2026
Author: B M Shyam Prasad
Bench: B M Shyam Prasad
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NC: 2026:KHC:7016
WP No. 38088 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE B M SHYAM PRASAD
WRIT PETITION NO. 38088 OF 2025 (GM-POLICE)
BETWEEN:
MRS. VIJAYA KUMARI
W/O. K.SHIVA,
AGED ABOUT 49 YEARS,
R/AT 48/661, ANNAMMA PALYA ROAD,
HOSAPALYA ROAD,
GOVERNMENT SCHOOL,
BANGALORE SOUTH,
BANGALORE- 560 068.
(WIFE OF SHIVA K,
S/O. KRISHNAN, HAVING
CTP NO.11210 NOW IN
CUSTODY CENTRAL PRISON,
BENGALURU)
Digitally ...PETITIONER
signed by
VANAMALA (BY SRI. KIRAN S S., ADVOCATE FOR
N
SMT. NATASHA N MURTHY.,ADVOCATE)
Location:
HIGH AND:
COURT OF
KARNATAKA
1. STATE OF KARNATAKA
REPRESENTED BY
ITS SECRETARIAT,
DEPARTMENT OF HOME,
VIDHANA SOUDHA
BANGALORE- 560 001.
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NC: 2026:KHC:7016
WP No. 38088 of 2025
HC-KAR
2. THE CHIEF SUPERINTENDENT
CENTRAL PRISON,
PARAPPANAGHRAHARA,
BANGALORE-580 100.
3. THE COMMISSIONER OF POLICE
ALI ASKER ROAD,
VASANTH NAGAR,
BENGALURU- 560 001
...RESPONDENTS
(BY SRI.C S PRADEEP., AAG A/W
SRI. B. RAVINDRANATH., AGA)
THIS WP IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO-
DIRECT THE R2/ CENTRAL PRISON BANGALORE
TO RELEASE THE PETITIONERS HUSBAND ON
GENERAL PAROLE FOR A PERIOD OF 90 DAYS AND
PRISONER CTP NO. 11210 CONVICTED BY THE
JUDGEMENT AND ORDER DATED 16.04.2019
INSCMO 891/2017 AS PER ANNX-A FOR THE
OFFENCES PUNISHABLE U/SEC 143, 147, 148,
120(B) 302 R/W SEC 149 OF IPC.C
THIS PETITION, COMING ON FOR
PRELIMINARY HEARING IN 'B' GROUP, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
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NC: 2026:KHC:7016
WP No. 38088 of 2025
HC-KAR
CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD
ORAL ORDER
The petitioner has filed this petition for General Parole to her husband, Sri Shiva K, who has been in prison for over eight years and two months, and he is previously admitted to General Parole on two occasions. These are borne out by the Imprisonment Certificate dated 04.11.2025. The petitioner's immediate cause for the present petition is the purported failure to even furnish a copy of the application to the petitioner's husband to seek General Parole.
2. This Court, in the light of the afore, has called upon Sri C. S. Pradeep, the learned Additional Advocate General, to secure instructions on an E- portal being developed for the convicts' relatives to file 'Online applications" and processing those applications accordingly. This Court has also called upon the learned Additional Advocate General to -4- NC: 2026:KHC:7016 WP No. 38088 of 2025 HC-KAR secure instructions on issuing a Circular for receiving applications over E-mail and processing the same until the E-portal is put in place. Sri. C.S. Pradeep submits that his instructions from the office of the Director General of Prisons and Correctional Services are that the effort is on to develop E-portal but that would consume time and that this Court could consider issuing directions for issuance of a Circular that would enable the receipt of an application for General/Emergency Parole over designated emails and processing the same.
3. This Court is persuaded to consider these submissions because the convicts are lodged in different prisons and the request for either General/ Emergency Parole can emanate from their relatives who may be in far-flung places from the jail, and there could be other reasons as well. The object and purpose of admitting a convict to Parole are elaborated in the Karnataka Prisons and Corrections -5- NC: 2026:KHC:7016 WP No. 38088 of 2025 HC-KAR Services Manual 2021 [for short, 'the Manual 2021'], and these include an opportunity to the convicts to maintain continuity in relationship with family members, to develop self-confidence and be constructive in pursuing life post the incarceration. The object and purpose as elaborated in the Manual 2021 also record that admitting a convict to Parole would help him/her to maintain good conduct and discipline in prison.
4. If these are to be achieved, the mechanism that is in place for a convict to avail General/Emergency Parole must also be robust and free of needless shackles. The frequent petitions alleging that the convicts cannot access the application for Parole, which has to be in the prescribed formats, speaks of shackles that defeat the purpose, and it cannot be gainsaid that easy access to the prescribed format and the convenient submissions of an application would mitigate against -6- NC: 2026:KHC:7016 WP No. 38088 of 2025 HC-KAR the shackles and the impediments that could be. The E-portal for Parole will definitely be a better solution, but developing a robust E-portal could take time, and until then there could be an alternative mechanism which would ensure that these shackles and impediments are avoided.
5. The Manual 2021 has detailed procedures on the method and manner in which the application for Emergency/General Parole must be filed and processed.
5.1 For Emergency Parole, the procedure stated in brief is as follows1. A convict who desires to be admitted to Emergency Parole must file his application in the requisite numbers in Form No. XI with the Head of the Prison [the Chief Superintendent or the Superintendent of Prison]. The application must be accompanied by the Certificates to justify the request, and the Head of Prison must get a Report 1 The relevant Paragraph in the Manual, 2021 is 645 -7- NC: 2026:KHC:7016 WP No. 38088 of 2025 HC-KAR from the jurisdictional Commissioner of Police/District Superintendent of Police on the genuineness of the Certificates, and the Officer can get this Report from the jurisdictional Commissioner of Police/Superintendent of Police over email and wireless2.
5.2 For General Parole, the procedure stated in brief is as follows3 A convict who desires to be admitted to General Parole must file his application in the requisite numbers in Form No. IX with the Head of the Prisons [the Chief Superintendent or the Superintendent of Prisons]. The Head of the Prisons must get a Report from the jurisdictional Commissioner of Police/District Superintendent of Police, and if the report is not sent within fifteen days, the Officer must along with his remarks 2 The manual also stipulates that if the report is not received the officer must ascertain the genuineness of certificates over telephone.
3 The relevant Paragraph in the Manual, 2021 is 638[ii] -8- NC: 2026:KHC:7016 WP No. 38088 of 2025 HC-KAR forward the application to the Director General of Prisons and Correctional Services for consideration. The Director General of Prisons and Correctional Services must then decide on the application.
6. This Court must, in the light of the afore, observe that the receipt of the application over E-mail would not be outside the Manual 2021, and the decision on such application must also be expedited to realise the object and purpose of the Manual 2021. The Director General of Prisons and Correctional Services must, when the E-portal is being developed and the procedure for the same is being put in place, issue an administrative Circular drawing out a procedure for the following, amongst others in line with the Manual 2021 to streamline the procedure. [i] The submission of applications for Emergency/General Parole in the prescribed Form/s on E-mail.
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NC: 2026:KHC:7016 WP No. 38088 of 2025 HC-KAR [ii] The relatives of the convicts who can file such applications.
[iii] The publication of specific E-mail ID to be handled by the Office of each Chief Superintendent/Superintendent of Prisons.
[iii] The reiteration of the timelines within which the Office of the Chief Superintendent/Superintendent of Prisons must process applications and forward the Reports for decision [which will be necessary for General Parole]. [iv] The communication of the decision taken to the applicant over E-mail.
In addition, the Director General of Prisons and Correctional Services must also include directions for real time information to the District Legal Services Authority of the applications filed and decided because they also help in filing applications and
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NC: 2026:KHC:7016 WP No. 38088 of 2025 HC-KAR sharing data inter alia for effective management of the Parole system. Hence, the following.
ORDER The petition stands disposed of directing [a] The Director General of Prisons and Correctional Services to issue administrative Circulars in the afore terms at the earliest.
[b] The Registry to forward a copy of this Order to the Director General of Prisons and Correctional Services and the Member Secretary, Karnataka Legal Services Authority.
[c] The Member Secretary, Karnataka Legal Services Authority to co- ordinate with the Office of the Director General of Prisons and Correctional Services for issuance of the Circular.
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NC: 2026:KHC:7016 WP No. 38088 of 2025 HC-KAR [b] The petitioner is reserved with liberty to apply for Parole in the prescribed Format calling upon the Second Respondent to act within the timelines under the Manual 2021.
Sd/-
(B M SHYAM PRASAD) JUDGE AN/-