- 1 - NC: 2025:KHC-D:1965 WP No. 100668 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 31ST DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO.100668 OF 2025 (GM-POLICE) BETWEEN: MR. KRISHNAMURTHY ALIAS GONODU S/O. LATE HANUMANTHAPPA, AGED ABOUT 43 YEARS, OCC. PRISON, R/O. CTP NO.12943, CENTRAL PRISION, BALLARI, AS PETITIONER IS IN CUSTODY, R/BY HIS MOTHER SMT. NARAYANAMMA W/O. LATE HANUMANTHAPPA, AGED ABOUT 75 YEARS, R/AT IDAPNUR VILLAGE, RAICHURU – 584 140. …PETITIONER (BY SRI GIRISH M .PATIL, ADVOCATE) AND: 1. STATE OF KARNATAKA, R/BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF LAW, JUSTICE AND HUMAN RIGHTS, BENGALURU – 560 001. 2. STATE OF KARNATAKA, R/BY ITS UNDER SECRETARY, DEPARTMENT OF HOME, Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:1965 WP No. 100668 of 2025 PRISON AND CINEMA, BENGALURU – 560 001. 3. THE DIRECTOR GENERAL POLICE AND INSPECTOR GENERAL OF PRISONS, SHESHADRI ROAD, BENGALURU – 560 001. 4. THE SUPERINTENDENT OF POLICE, RAICHURU DISTRICT – 584 102. 5. THE CHIEF SUPERINTENDENT OF CENTRAL PRISONS, CENTRAL JAIL, BALLARI DISTRICT – 591 108. …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 OR ORDER AS PER ANNEXURE-F, QUASH THE ORDER DATED 06-11-2024 BEARING NO. 3DCRB/PAROLE.RAJE/2024 AS ISSUED BY THE RESPONDENT NO. 4 AND DIRECT TO RESPONDENT NO. 5 TO CONSIDER THE REQUEST MADE BY THE PETITIONER TO EXTEND REMISSION AND TO RELEASE HIM ON GENERAL PAROLE FOR A PERIOD OF 90 DAYS FROM CENTRAL PRISON, BELLARY IN ACCORDANCE WITH LAW AND ETC., THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEIREN AS UNDER: - 3 - NC: 2025:KHC-D:1965 WP No. 100668 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) The petitioner is before this Court seeking the following prayers: “i. Issue writ of mandamus or any other appropriate writ or order as per annexure-f, quash the order dated 06-11-2024 bearing no. 3dcrb/parole.raje/2024 as issued by the respondent no. 4 and direct to respondent no. 5 to consider the request made by the petitioner to extend remission and to release him on general parole for a period of 90 days from central prison, bellary in accordance with law ii. Issue any other writ or order or Direction that deems fit to grant in the circumstances of the case in the interest of justice and equity.” 2. The petitioner is before this Court seeking release on parole who is undergoing imprisonment for being convicted in S.C. No.17/2013 for the offences punishable under Section 302 of IPC inter alia. 3. The learned counsel for the petitioner submits that parole had been granted to the petitioner on earlier occassions and he has not incurred any adverse report from the hands of the police while he was out on parole - 4 - NC: 2025:KHC-D:1965 WP No. 100668 of 2025 and has surrendered in time to the gaol at every time when he was out on parole. 4. In that light and the parole being granted by this Court earlier, I deem it appropriate to grant the petitioner parole for a period of 60 days, to become operational from 03.02.2025. 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/Krishnamurthy @ Gonodu, (CTP No.12943) on general parole from the forenoon of 03.02.2025 for a period of 60 days, subject to the following conditions: (i) The convict (CTP No. 12943) 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 - 5 - NC: 2025:KHC-D:1965 WP No. 100668 of 2025 (CTP No. 12943) 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 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 NAA/CT-ASC List No.: 1 Sl No.: 39