- 1 - NC: 2025:KHC-D:3775 WP No. 100664 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 25TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 100664 OF 2025 (GM-RES) BETWEEN: MAHADEVI AKALE W/O. MUTTEPPA AKALE, MOTHER OF CONVICT BABU CTP NO.4251, AGED ABOUT 61 YEARS, R/O. MADAMPURA K.K., TALUK: CHIKKODI, DISTRICT: BELAGAVI, KARNATAKA-591305. …PETITIONER (BY SMT. UMME SALMA, ADVOCATE) AND: 1. THE 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 MAGADUM, HCGP) 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 NO.2 TO RELEASE THE PETITIONER’S SON NAMED BABU CTP NO.4251 ON GENERAL PAROLE FOR A PERIOD OF 90 DAYS IN THE INTEREST OF JUSTICE AND ETC. Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:3775 WP No. 100664 of 2025 THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Learned AGA accepts notice for respondents No.1 and 2. 2. The petitioner is before this Court seeking for the following reliefs: a. Direct the Respondent No.2 to release the petitioner’s son named BABU CTP NO.4251 on General Parole for a period of 90 days in the Interest of Justice. b. Pass any other order(s) which this court may deem fit and proper under the facts and circumstances of the case, in the interest of justice. 3. The petitioner’s son was convicted for the offences punishable under Sections 324, 302 and 506 of IPC for death by the trial court. Subsequently, the appellate Court commuted the same to life imprisonment. 4. The petitioner’s son-Babu Mutteppa Akale has been in custody for a period of 11 years, 2 months and 9 - 3 - NC: 2025:KHC-D:3775 WP No. 100664 of 2025 days. The petitioner is before this Court contending that she is suffering from uncontrolled hypertension and diabetes with pedal oedema and being in a semi conscious state, as regards which, medical certificate has been produced. The petitioner is seeking for release of her son on the ground of parole of 90 days to take care of her. 5. Learned AGA upon instructions submits that the conduct of the convicted prisoner Babu S/o.Mutteppa Akale has been good and there is no remission, which has been granted or permissible. On enquiry as to whether the petitioner’s son had been released on parole on any earlier occasion, he submits that detenue has not been so released. Taking these facts into account and taking into account the medical certificate which has been produced by the petitioner, I am of the considered opinion that as of now the petitioner’s son by name Babu S/o.Mutteppa Akale having CTP No.4251 can be released on parole for a - 4 - NC: 2025:KHC-D:3775 WP No. 100664 of 2025 period of 30 days to take care of the petitioner. Any extension and or further application for parole would be considered on the basis of the conduct of the detenue during this time. In that view of the matter, I pass the following : ORDER (i) Writ Petition is allowed. (ii) Respondent No.2-the Chief Superintendent of Central Prison, Belagavi is directed to release the petitioner’s son being the convicted prisoner with CTP No.4251 on parole for a period of 30 days commencing from 27.02.2025, subject to the following conditions. (a) The prisoner (CTP No.4251) shall mark his attendance in the jurisdictional Police Station, weekly once throughout the period of his - 5 - NC: 2025:KHC-D:3775 WP No. 100664 of 2025 parole and it would be the responsibility of the jurisdictional Police to take him to gaol, in the event, the convict (CTP No.4251) would evade going back to the gaol, after the expiry of the period of general parole. (b) 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 then period of parole. (iii) The registry is directed to communicate the order to the prison authority for its immediate execution. Sd/- (SURAJ GOVINDARAJ) JUDGE CKK CT-MCK List No.: 2 Sl No.: 7