- 1 - NC: 2025:KHC:17268 WP No. 9127 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 9127 OF 2025 (GM-POLICE) BETWEEN: SALMA BEGUM W/O SALEEM PASHA CTP-18751 AGED ABOUT 30 YEARS, R/O 109, 2ND CROSS, KALYANAGIRI NAGAR, MYSURU, KARNATAKA – 570 019. …PETITIONER (BY SRI SIRAJUDDIN AHMED, ADVOCATE) AND: 1. STATE OF KARNATAKA HOME DEPARTMENT, THROUGH PRINCIPAL SECRETARY, VIDHANA SOUDHA, BENGALURU – 560 001. 2. CHIEF SUPERINTENDENT CENTRAL PRISON, MYSURU – 570 007. …RESPONDENTS (BY SRI RAHUL CARIAPPA K.S., HCGP) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-2 TO RELEASE THE PETITIONER’S HUSBAND SALEEM PASHA CTP- 18751 ON GENERAL PAROLE FOR PERIOD OF 90 DAYS Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:17268 WP No. 9127 of 2025 CITING THE ILLNESS OF PETITIONER, THE PRESENCE OF HER HUSBAND IS ESSENTIAL TO PROVIDE SUPPORT. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is the wife of the convict (CTP No.18751) – Saleem Pasha, is before this Court seeking a direction by issuance of a writ in the nature of mandamus to respondent No.2 to release the convict on general parole for a period of 90 days in terms of the Prison Manual. 2. Heard Sri Sirajuddin Ahmed, learned counsel for the petitioner and Sri Rahul Cariappa, learned Additional Government Advocate for the respondents – State. 3. The husband of the petitioner gets embroiled in a crime for the offences under Sections 302 and 201 of the IPC. He is tried and convicted in S.C.No.144/2013, for the aforesaid offences, in terms of the judgment of the concerned Court dated 23.06.2016. The petitioner files an application before the - 3 - NC: 2025:KHC:17268 WP No. 9127 of 2025 Chief Superintendent of Central Prison, Mysuru, seeking general parole, on 28.02.2025 and the same comes to be rejected by an endorsement on 01.03.2025. Therefore, the petitioner – wife of the convict is knocking at the doors of this Court seeking enlargement of her husband on general parole on the score that she is suffering from ailments and requires the support of her husband. 4. Learned counsel for the petitioner submits that the convict is in prison for the last 12 years, 3 months and 8 days. He would submit that the wife of the convict is suffering from certain ailments and is in need of her husband at this stage and therefore, seeking release of the convict on general parole. 5. Learned Additional Government Advocate on instructions and verification of the records would submit that the husband of the petitioner has been granted parole on 4 occasions and this is the 5th occasion. There is no adverse against the convict on all the 4 occasions and the convict has returned to the gaol after the completion of the period of - 4 - NC: 2025:KHC:17268 WP No. 9127 of 2025 parole. He would submit that there are no adverse entries against the convict. 6. In the light of the aforesaid submissions, I deem it appropriate to grant general parole for a period of 60 days, subject to the following: ORDER (i) The Writ Petition is allowed in part. (ii) Mandamus issues to respondent No.2 to release the husband of the petitioner (Convict – CTP No.18751) on general parole for a period of 60 days, which commences from the date of the release of the convict. (iii) The convict (CTP No.18751) - 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 him to gaol, in the event, the convict (CTP No.18751) would evade going back to the gaol, after the expiry of the period of general parole. (iv) Respondent No.2 shall stipulate strict conditions as are usually stipulated, to ensure return of the convict to the gaol and that he shall not commit any other offence during the period of parole. - 5 - NC: 2025:KHC:17268 WP No. 9127 of 2025 (v) Registry is directed to communicate this order to respondent No.2, by way of electronic mail, forthwith. Sd/- (M.NAGAPRASANNA) JUDGE NVJ List No.: 1 Sl No.: 20