Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 10368 (KAR)

MALASHRI SIDDHAPPA VAGGI v. STATE OF KARNATAKA

WP/200962/2025 · 2025-07-03

M I Arun

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC-K:3619 WP No. 200962 of 2025 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 3RD DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.200962 OF 2025 (GM-POLICE) BETWEEN: MALASHRI SIDDHAPPA VAGGI, DAUGHTER OF SIDDHAPPA SISTER OF: SHRISHAIL @ SIRASHYA CTP-744, AGED ABOUT 23 YEARS, R/AT: MADAN HIPPERGA, ALAND GULBARGA, KARNATAKA-585236. …PETITIONER (BY SRI. SIRAJUDDIN AHMED, ADVOCATE) AND: 1. STATE OF KARNATAKA HOME DEPARTMENT, THROUGH PRINCIPAL SECRETARY VIDHANA SOUDHA, BENGALURU - 560001. 2. CHIEF SUPERINTENDENT CENTRAL PRISON KALABURAGI-585201. …RESPONDENTS (BY SRI. MALLIKARJUN SAHUKAR, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT(S), ORDER(S) OR DIRECTION (S) AND THEREBY A) Digitally signed by VARSHA N RASALKAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3619 WP No. 200962 of 2025 DIRECT THE RESPONDENT NO.2 TO RELEASE PETITIONER’S BROTHER SHRISHAIL @ SIRASHYA CTP-744 ON GENERAL PAROLE FOR A PERIOD OF 90 DAYS ACCORDING TO THE ANNEXURE-B, CITING THAT PETITIONER WHO IS THE SISTER OF CONVICT SUFFERING FROM LUMBER SPINE (LOWER BACK REGION OF BACK BONE). THE PRESENCE OF CONVICT IS ESSENTIAL TO PROVIDE MEDICAL CARE FOR EFFECTIVE TREATMENT AS WELL AS TO BARE MEDICAL EXPENSES. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER (PER: HON'BLE MR. JUSTICE M.I.ARUN) The writ petitioner in the instant writ petition has prayed for her brother to be released on parole, who is convicted for life. 2. Learned Additional Government Advocate, upon instructions, submits that the parole application is to be submitted as per the procedure required in law as per Section 55 of the Karnataka Prisons Act, 1963 and Rule 191 of the Karnataka Prisons Rules, 1974 R/w Rule 638 of the Karnataka Prisons and Correctional Services Manual, - 3 - HC-KAR NC: 2025:KHC-K:3619 WP No. 200962 of 2025 2021 and in the instant case, the necessary application has not been made. 3. Learned counsel for the petitioner submits that the prisoner in the instant case is uneducated and though he wants to make the necessary application for parole, the authorities concerned are not co-operating, because of which, the petitioner is constrained to file the instant writ petition. 4. The law requires that application for parole has to be done in a particular manner and the prisoner seeking parole has to follow the same. The authorities concerned are also required to do their duty in right earnest and cannot harass the prisoner. 5. Hence, the following: ORDER i. Respondent No.2 shall forthwith make available Form No.9 as contemplated in law to the brother of the petitioner herein and upon the - 4 - HC-KAR NC: 2025:KHC-K:3619 WP No. 200962 of 2025 prisoner submitting the necessary form, the same shall be processed in accordance with law and appropriate decision shall be taken by the authorities concerned as expeditiously as possible. ii. Writ petition stands disposed of accordingly. Sd/- (M.I.ARUN) JUDGE VNR List No.: 1 Sl No.: 29 CT:SI