- 1 - NC: 2025:KHC-D:1038 WP No. 100342 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 21ST DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO.100342 OF 2025 (GM-POLICE) BETWEEN: MAHADEVI NINGAPPA AADINVAR W/O. NINGAPPA AADINAVAR, AGED ABOUT 33 YEARS, R/AT: KURIYAVAR COLONY, TABAKADAHONNALI, MALKANKOPPA, DHARWAD DISTRICT – 581 212. …PETITIONER (BY SRI H. N. GULARADDI, ADVOCATE) AND: 1. STATE OF KARNATAKA, REPRESENTED BY ITS SECREETARIAT, DEPARTMENT OF HOME, VIDHANA SOUDHA, BANGALORE 560 001. 2. THE CHIEF SUPERINTENDENT, CENTRAL PRISON, DHARWAD, P. B. ROAD, DHARWAD – 580 008. …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 IN THE NATURE OF MANDAMUS BY DIRECTING THE 2ND RESPONDENT TO RELEASE THE PRISONER ON PAROLE FOR 90 DAYS TO THE PRISONER (OTP NO. 3992) NINGAPPA S/O. BASAPPA @ BASAVANNEPPA ADIN, IN THE INTEREST OF JUSTICE AND ETC., THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: VISHAL NINGAPPA PATTIHAL Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka Dharwad Bench Date: 2025.01.22 10:57:25 +0530 - 2 - NC: 2025:KHC-D:1038 WP No. 100342 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioner, wife of the convict is knocking at the doors of this Court seeking release of her husband on ground of general parole for a period of 90 days. 2. Heard Shri H.N. Gularaddi, learned counsel appearing for the petitioner and Shri Sharad V.Magadum, learned AGA appearing for the respondents. 3. The petitioner gets embroiled in a crime for the offences punishable under Sections 302, 324 and 504 read with Section 34 of IPC and is convicted in S.C. No.131/2016. The petitioner as on today served 8 years and 6 days in prison and has availed the benefit of parole twice totally amounting for a period of 90 days each. The petitioner - wife is again submitted a representation to the Prison Authorities for release of her husband on parole. 4. Learned AGA on instructions submit that at every point in time, the petitioner while being out on - 3 - NC: 2025:KHC-D:1038 WP No. 100342 of 2025 parole has not suffered any adverse remark and has returned after the expiry of the period of parole. 5. In the aforesaid circumstance and the representation of the petitioner – wife for the reason that the mother of the petitioner who is now 80 years old is wanting to see the son, I deem it appropriate to permit the husband of the petitioner to be released on general parole for 60 days beginning from 27th January 2025 with liberty to seek extension of parole which would be considered going to the conduct of the husband of the petitioner out, when he is outside the prison. 6. For the aforesaid reasons, the following: ORDER (1) The Writ Petition is allowed in part. (2) Mandamus issues to respondent No.2 to release the detenue / Ningappa S/o. Basappa @ Basavanneppa Adin (OTP No.3992) on general parole from the forenoon of 27.01.2025 for a period of 60 days subject to the following conditions: - 4 - NC: 2025:KHC-D:1038 WP No. 100342 of 2025 (i) The convict (OTP No.3992) 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 goal, in the event, the convict (OTP No.3992) would evade going back to the goal, 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 goal 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 husband of the petitioner – convict while he is out on parole. - 5 - NC: 2025:KHC-D:1038 WP No. 100342 of 2025 (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.: 33