- 1 - NC: 2025:KHC-D:1646 WP No. 100529 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 28TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 100529 OF 2025 (GM-POLICE) BETWEEN: SHEELA SHIVARAJ BELAGAVI, WIFE OF CONVICT NAMED SURESH @ CHAHA CTP NO. 3951, AGED ABOUT 32 YEARS, R/O. 99/1, MUTTYANATTI, BELGAUM, KARNATAKA- 591113. …PETITIONER (BY SMT. UMME SALMA, ADVOCATE) AND: 1. STATE OF KARNATAKA, HOME DEPARTMENT, THROUGH PRINCIPAL SECRETARY, VIDHANA SOUDHA, BENGALURU -560001. 2. THE CHIEF SUPERINTENDENT, CENTRAL PRISON, BELAGAVI, KARNATAKA -591108. …RESPONDENTS (BY SRI SHARAD V. MAGADUM, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA IS PRAYING TO, WHEREFORE IT IS MOST RESPECTFULLY PRAYED THAT THIS HON BLE COURT MAY GRACIOUSLY BE PLEASED TO ISSUE WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT(S), ORDER(S) OR DIRECTION(S) AND THEREBY, DIRECT THE RESPONDENT NO.2 TO RELEASE THE HUSBAND OF THE PETITIONER SURESH @ CHAHA CTP NO.3951 ON GENERAL PAROLE FOR A PERIOD OF 90 DAYS IN THE INTEREST OF JUSTICE AND EQUITY, ETC., Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka - 2 - NC: 2025:KHC-D:1646 WP No. 100529 of 2025 THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDERS WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioner is the wife of convict, who is serving in prison for the last 7 years 10 months and 13 days on account of him being convicted for offence under Sections 376(D), 395, 341, 354, 385, 504, 506 of IPC & 4,6,8 and 12 of POCSO Act 2019, 67 IT Act. 2. The petitioner is said to be in prison for the last 7 years 10 months and 13 days. The wife moves the Court on an urgent circumstance of the father-in-law passing away in this morning and he is moved matter for grant of emergency parole. The prison certificate of the custody certificate does not indicate anything adverse against the petitioner. 3. In the light of the situation now that has emerged on the death of the father of the convict or the father-in-law of the petitioner. - 3 - NC: 2025:KHC-D:1646 WP No. 100529 of 2025 4. I deem it appropriate to grant emergency parole to the husband of the petitioner for a period of 15 days to begin from the evening of today i.e. on 28.01.2025. 5. For the aforesaid reasons, the following: ORDER (1) The Writ Petition is allowed in part. (2) Mandamus issues to respondent No.2 to consider the representation of the petitioner and release the detenue/Suresh @ Chaha, (CTP No.3951) on emergency parole from the evening of today i.e. on 28.01.2025, subject to the following conditions: (i) The convict (CTP No.3951) 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.3951) would evade going back to the gaol, after the expiry of the period of general parole. - 4 - NC: 2025:KHC-D:1646 WP No. 100529 of 2025 (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 brother 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 RHR/- List No.: 1 Sl No.: 183