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2025 DAILYLAW 3141 (KAR)

SRI SRINIVAS S/O PRABHAKAR HOOLI v. THE STATE OF KARNATAKA

WP/100390/2025 · 2025-02-11

M Nagaprasanna

body2025

Judgment text

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- 1 - NC: 2025:KHC-D:2688 WP No. 100390 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 11TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 100390 OF 2025 (GM-POLICE) BETWEEN: SRI. SRINIVAS S/O. PRABHAKAR HOOLI, AGED: 42 YEARS, R/AT: B B PATIL NAGAR, KOPPAL, KOPPAL DISTRICT- 583231. …PETITIONER (BY SRI PRADEEP C. PATIL, AND SRI H. N. GULARADDI, ADVOCATES) AND: 1. THE STATE OF KARNATAKA, REP. BY THE PRINCIPAL SECRETARY HOME DEPARTMENT, VIDHAN SOUDHA, BENGLAURU- 560001. 2. THE LIFE CONVICTS PREMATURE RELEASE COMMITTEE, HOME DEPARTMENT, VIDHAN SOUDHA, BENGALURU- 560001, REPRESENTED BY ITS CHAIRMAN. 3. THE DIRECTOR GENERAL OF POLICE PRISONS AND CORRECTIONAL SERVICES NO.9, SHESHADRI ROAD, GANDHI NAGAR, BENGALURU- 560009. 4. THE SUPERINTENDENT, CENTRAL PRISON, DHARWAD- 580008. …RESPONDENTS (BY SRI SHARAD V. MAGADUM, AGA) Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:2688 WP No. 100390 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA IS PRAYING TO ISSUE A WRIT, ORDER OR DIRECTION IN THE NATURE OF MANDAMUS TO THE RESPONDENTS TO BE PLEASED TO ACT IN STRICT COMPLIANCE OF THE NOTIFICATION BEARING NO. HD 119 PRA 2018, BENGALURU, DATED 21.04.2020 PRODUCED AS ANNEXURE-A AND BE FURTHER PLEASED TO DIRECT THE PREMATURE RELEASE OF THE CONVICT PETITIONER IN TERMS OF THE ANNEXURE-A. ISSUE A WRIT, ORDER OR DIRECTION IN THE NATURE OF MANDAMUS TO THE RESPONDENTS TO EXTEND THE PAROLE TILL THE DECISION OF THE GOVERNMENT AS PER THE DICTA OF THE HON’BLE APEX COURT RENDERED IN RASHIDUL JAFAR VS STATE OF UTTAR PRADESH DATED 06-09-2022 PRODUCED AS ANNEXURE-C AND ALSO THE ORDER PASSED BY THIS HON'BLE COURT IN WP NO 1300/2023 DATED 02.03.2023 PRODUCED AS ANNEXURE-D IN THE INTEREST OF JUSTICE AND EQUITY & PASS SUCH OTHER ORDERS / DIRECTIONS CONSIDERING THE FACTS AND CIRCUMSTANCES OF THE CASE TOGETHER AS TO COSTS, IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioner is before this Court seeking his release on grant of parole. 2. Heard the learned counsel Sri.Pradeep C.Patil and Sri.H.N.Gularaddi appearing for petitioner and learned AGA-Sri.Sharad V.Magadum appearing for the respondent- State. 3. The petitioner gets embroiled in a crime, which is tried by the Court of Sessions. He is convicted for the - 3 - NC: 2025:KHC-D:2688 WP No. 100390 of 2025 offences punishable under Sections 498A, 302 and 201 of IPC and has been in prison for the last fourteen years and six months. The petitioner has moved the matter seeking grant of parole on the notification issued by the State on premature release of life convicts. 4. This Court in terms of the order dated 22.01.2025 had extended the parole granted upto 25.01.2025, for a period of 15 days, which would come to an end on 14.02.2025. 5. Learned AGA on instructions submits that the case of the petitioner has been recommended for premature release. 6. In that light, I deem it appropriate to grant the petitioner parole for another sixty days commencing from 14.02.2025, reserving liberty to the petitioner to seek extension at the hands of this Court. 7. For the aforesaid reasons, the following: ORDER (1) The petition is allowed in part. - 4 - NC: 2025:KHC-D:2688 WP No. 100390 of 2025 (2) Mandamus issues to the respondents to consider the case of the petitioner and release the detenue/Shrinivas S/o Prabhakar Hooli CTP No.4021) on general parole for another sixty days commencing from 14.02.2025, which becomes operational from the forenoon of 14.02.2025. subject to the following conditions: (i) The convict (CTP No.4021) 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.4021) 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 - 5 - NC: 2025:KHC-D:2688 WP No. 100390 of 2025 conduct 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 KGK List No.: 1 Sl No.: 53