Karnataka High Court
Fathima Asgar Ali v. State of Karnataka
2026:KHC:33956 · WP/18252/2026
- Decision date
- 2026-07-06
- Text availability
- Full text
- Judges
- Suraj Govindaraj
Source: Indian High Court Judgments, AWS Open Data (CC BY 4.0) ↗
Connected provisions and cases
No further provision or case links are recorded.
Judgment text
- 1 - NC: 2026:KHC:33956 WP No. 18252 of 2026 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 18252 OF 2026 (GM-POLICE) BETWEEN: 1. FATHIMA ASGAR ALI WIFE OF MR. ASGAR ALI ABDE ALI SISTER OF YUSUF BACHCHA KHAN @ YUSUF SULEMAN KHADRI CTP-01125 AGED ABOUT 48 YEARS RESIDING AT NO.178/1, BLOCK AGF 3 HBR LAYOUT, 1ST STAGE 2ND BLOCK BANGALORE-560 043 … PETITIONER (BY SRI. SUHAIB FAZEEL MADAR., ADVOCATE) AND: 1. STATE OF KARNATAKA THROUGH PRINCIPAL SECRETARY DEPARTMENT OF HOME, VIDHANA SOUDHA Digitally signed BANGALORE-560 001 by SHWETHA RAGHAVENDRA 2. THE CHIEF SUPERINTENDENT Location: HIGH CENTRAL PRISON COURT OF MYSURU, ASHOKA ROAD,KARNATAKA FOUNTAIN CIRCLE MYSURU-570 002 … RESPONDENTS (BY SRI. C.H. DEVARAJ, GOVERNMENT ADVOCATE) THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO A. ISSUE WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER, OR DIRECTION, QUASHING AND SETTING ASIDE THE IMPUGNED ORDER DATED 01/06/2026 PASSED BY THE RESPONDENT NO. 2 VIDE ANNEXURE- G BEARING NO.KIKMI:J1:3157:2026 AND ETC. - 2 - NC: 2026:KHC:33956 WP No. 18252 of 2026 HC-KAR THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER
1. The petitioner who is the wife of detenu-Yusuf Bachkan @ Yusuf CTP No.01125 is before this Court seeking for the following reliefs: a. Issue Writ of Certiorari or any other appropriate writ, order, or direction, quashing and setting aside the impugned order dated 01/06/2026 passed by the Respondent No. 2 vide Annexure- G bearing No.KIKMI:J1:3157:2026. b. Direct Respondent No.2 to release the Petitioner's brother i.e., Yusuf Bacha Khan @ Yusuf Suleman Khadri, son of Suleman Khadri, bearing CTP No.01125 on General parole for a period of 60 days; c. Pass any other order/s which this Hon'ble Court deems fit under the facts and circumstances of the case in the interest of justice and equity 2. The detenu had been convicted in S.C.No.26/02, c/w 662/02, c/w 278/03 for offences under Section 302, 307, 353, 332, 504 of IPC and Section 25(1)(A) of Indian Arms Act by the 34th Additional City Civil and P.O. Special Court, Central Prison Premises, Bangalore and 29th Additional Chief Metropolitan Magistrate Bangalore City (in CC.No.55902-2019) and sentenced on 13.04.2004 with the highest of the sentence being imprisonment for life. The detenu has served a period of 23 years 6 months 14 days as - 3 - NC: 2026:KHC:33956 WP No. 18252 of 2026 HC-KAR
on 09.06.2026 and his conduct in jail is said to be satisfactory. The detenu had earlier been granted Court parole on five earlier occasions. An application is filed for parole on account of Hernia operation of mother of the detenu. Though the jail authorities had recommended it, Competent Authority had rejected. 3. A perusal of the police report indicates that it deals with the conviction of the detenu and does not cover any issue as regards the petitioner is at flight risk and/or could cause any harm or injury to the victim/s or victim/s causing any harm to the detenu. 4. Though learned AGA submits that, on one occasion when the detenu was granted parole, he violated the terms of parole, the detenu has been granted parole on five earlier occasions. The alleged violation pertains to the third occasion on which parole was granted. Thereafter, parole was granted on two further occasions, and no complaint has been made against the detenu. 5. In view of the above, and taking into consideration that the conduct of the detenu while incarcerated has been satisfactory, there is no particular complaint against the detenu, this Court passes the following: ORDER i. The Writ Petition is allowed. - 4 - NC: 2026:KHC:33956 WP No. 18252 of 2026 HC-KAR
ii. Respondent– The Chief Superintendent Central Prison, Mysuru, Ashoka Road, Fountain Circle, Mysuru is directed to release the detenu-Yusuf Bachkan @ Yusuf CTP No.01125on parole for a period of 60 days commencing from 20.07.2026, subject to the following conditions: a. The detenu shall mark his attendance in the jurisdictional Police Station, weekly once throughout the period of his parole and it would be the responsibility of the jurisdictional Police to take them to gaol, in the event, the detenu would evade going back to the gaol, after the expiry of the period of parole. b. Respondent No.1- State of Karnataka shall stipulate strict conditions as are usually stipulated to ensure return of the detenu to the gaol and that he shall not commit any other offence during the period of parole. iii. The Registry is directed to communicate the order to the prison authority for its immediate execution. - 5 - NC: 2026:KHC:33956 WP No. 18252 of 2026 HC-KAR iv. The petitioner and family members of the detenu are directed to comply with all other formalities before the date fixed for release. SD/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 2 Sl No.: 37