- 1 - NC: 2025:KHC-D:3162 WP No. 100684 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 17TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO.100684 OF 2025 (GM-POLICE) BETWEEN: SHAKUNTALA VITTAL KAMKAR M/O. JOTIBA (CTP NO.583), AGE: 58 YEARS R/O: 259, 31ST D-CROSS, BTB AREA, TILAK NAGAR, BANGALORE SOUTH P.O. JAYANAGAR DISTRICT DHARWAD, KARNATAKA – 562 114. …PETITIONER (BY SRI SIRAJUDDIN AHMED, ADVOCATE FOR MS. UMME SALMA, ADVOCATE) AND: 1. UNION OF INDIA, THROUGH ITS SECRETARY, MINISTRY OF HOME AFFAIRS, GOVERNMENT OF INDIA, NORTH BLOCK, NEW DELHI – 110 001. 2. THE STATE OF KARNATAKA, HOME DEPARTMENT, THROUGH PRINCIPAL SECRETARY, VIDHANA SOUDHA, Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - NC: 2025:KHC-D:3162 WP No. 100684 of 2025 BANGALORE – 560 001. 3. THE CHIEF SUPERINTENDENT, CENTRAL PRISON, BELAGAVI – 591 108. 4. THE LIFE CONVICTS RELEASE COMMITTEE, REPRESENTED BY ITS CHAIRMAN AND PRINCIPAL SECRETARY HOME DEPARTMENT, VIDHANA SOUDHA, BANGALORE – 560 001. 5. THE DIRECTOR GENERAL OF POLICE PRISONS AND CORRECTIONAL SERVICES SHESHADRI ROAD, BANGALORE – 560 001. …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 DIRECTIONS(S) AND THEREBY; DIRECT THE RESPONDENT NO. 2 AND 3 THAT PETITIONERS SON JOTIBA S/O VITTAL KAMKAR CTP NO. 583 LODGED IN CENTRAL PRISON BELAGAVI MAY BE ENLARGED/ RELEASED PREMATURELY AND ETC., THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC-D:3162 WP No. 100684 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioner is before this Court seeking release of the son of the petitioner till a decision is taken by the Cabinet on the recommendation made by the Committee for premature release. 2. Heard Shri Sirajuddin Ahmed along with Smt. Umme Salma, learned counsel appearing for the petitioner and the learned AGA Shri Sharad V.Magadum appearing for respondents. 3. The son of the petitioner gets convicted of the offences punishable under Sections 147, 148, 302 read with Section 149 of IPC and Section 3(2)(5) of SC ST Act, 1989 and said to have completed 23 years 8 months and 4 days in custody including the period of remission. The case of the convicts was considered by the Committee for premature release owing to their conduct, the son of the petitioner is one of them. This fact is not in dispute. The Committee resolves to recommend the name of the son of - 4 - NC: 2025:KHC-D:3162 WP No. 100684 of 2025 the petitioner for premature release in the light of the aforesaid circumstance of the petitioner who had undergone 23 years 8 months and 4 days of imprisonment and his conduct being exemplary. The matter is placed before the Cabinet and the Cabinet is yet to take any decision upon the premature release. In the light of the fact that the offences of which the petitioner is convicted includes the offence punishable under the Atrocities Act, the decision has to be now taken by the Home Ministry, Government of India and the file is pending before the Home Minister. 4. In the light of the said circumstance, the son of the petitioner becomes entitled to release on parole till the decision is taken by the competent authority or Ministry of Home Affairs, Union of India. 5. Learned counsel Shri Sirajuddin Ahmed submits that the co-accused have all been considered and released, it is only the case of the son of the petitioner that is pending before the Competent Authority. - 5 - NC: 2025:KHC-D:3162 WP No. 100684 of 2025 6. In that light, I deem it appropriate to grant the parole for a period of 90 days commencing from 20.02.2025, 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. (2) Mandamus issues to the respondents to consider the case of the petitioner and release the detenue / Jotiba (CTP No.583) on general parole for 90 days commencing from 20.02.2025, which becomes operational from the forenoon of 20.02.2025. subject to the following conditions: (i) The convict (CTP No.583) 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.583) would evade going back to the gaol, after the expiry of the period of general parole. - 6 - NC: 2025:KHC-D:3162 WP No. 100684 of 2025 (ii) Respondent No.2 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.: 76