- 1 - NC: 2025:KHC-D:3090 WP No. 100530 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 14TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO.100530 OF 2025 (GM-POLICE) BETWEEN: RUKMINI YALEBALIKAR W/O. VITTHAL, MOTHER OF PRISONER SAGAR S/O. YALEBALIKAR, CTP NO.4072, AGED ABOUT 53 YEARS, R/O: 74/1, PAKKHARE GALLI, IDALHONDA, BELAGAVI, KARNATAKA – 591 302. …PETITIONER (BY SRI UMME SALMA, ADVOCATE) AND: 1. STATE OF KARNATAKA, HOME DEPARTMENT, THROUGH PRINCIPAL SECRETARY, VIDHANA SOUDHA, BENGALURU – 560 001. 2. CHIEF SUPERINTENDENT, CENTRAL PRISON BELAGAVI, KARNATAKA – 591 108. …RESPONDENTS (BY SRI SHARAD V. MAGADUM, 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, DIRECT THE RESPONDENT 2 TO RELEASE THE SON OF THE PETITIONER SAGAR S/O. VITTAL YALEBAIKAR CTP 4072 ON GENERAL Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - NC: 2025:KHC-D:3090 WP No. 100530 of 2025 PAROLE FOR A PERIOD OF 90 DAYS IN THE INTEREST OF JUSTICE AND ETC., THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioner is the mother of convict, who gets convicted for the offence punishable under Section 304(II) of the IPC and is said to have sentenced to undergo imprisonment for ten years, out of which the son of the petitioner has already served 4 years 5 months imprisonment. 2. Heard the learned counsel Smt. Umme Salma appearing for petitioner and learned AGA Shri Sharad V.Magadum appearing for the respondents - State. 3. Learned counsel for the petitioner submits that the petitioner has now filed an application seeking release of her son on parole and this is the first parole in favour of the son of the petitioner. - 3 - NC: 2025:KHC-D:3090 WP No. 100530 of 2025 4. Learned AGA on instructions submits that there is no adverse entry on the conduct of the petitioner. 5. In that light, I deem it appropriate to grant the parole for a period of sixty days commencing from 17.02.2025, reserving liberty to the petitioner to seek extension at the hands of this Court. 6. For the aforesaid reasons, the following: ORDER (1) The petition is allowed in part. (2) Mandamus issues to the respondents to consider the case of the petitioner and release the detenue / Sagar S/o. Vittal Yalebailkar (CTP No.4072) on general parole for sixty days commencing from 17.02.2025, which becomes operational from the forenoon of 17.02.2025. subject to the following conditions: (i) The convict (CTP No.4072) 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 - 4 - NC: 2025:KHC-D:3090 WP No. 100530 of 2025 take him to gaol, in the event, the convict (CTP No.4072) would evade going back to the gaol, after the expiry of the period of general parole. (ii) Respondent No.1 shall stipulate strict conditions as are usually stipulated, to ensure return of the detenue to the gaol and that he shall not commit any other offence during the period of parole. (3) The petitioner is at liberty to seek extension of parole, which shall be considered looking at the conduct of the son of the petitioner – convict while he is out on parole. (4) The registry is directed to communicate the order to the prison authority for its execution. SD/- (M.NAGAPRASANNA) JUDGE VNP/CT-ASC List No.: 1 Sl No.: 153