- 1 - HC-KAR NC: 2025:KHC-D:16796 WP No. 109022 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 1ST DAY OF DECEMBER 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 109022 OF 2025 (GM-POLICE) BETWEEN: LAKKAPPA HURAKKANNAVAR S/O. NILLAPPA HURAKKANNAVAR, AGED ABOUT 79 YEARS, R/AT MUDENUR RAMDURG, BELAGAVI – 591 123. THE PETITIONER IS THE FATHER OF CONVICT PRISONER NO 762 ARJUN S/O. LAKKAPPA HURAKKANNAVAR WHO IS LODGED IN CENTRAL PRISON, KALABURAGI. …PETITIONER (BY SRI. PRATHAP S. S., ADVOCATE) AND: 1. THE DIRECTOR GENERAL OF POLICE PRISONS AND CORRECTIONAL SERVICES, SESHADRI ROAD, BENGALURU - 560 003. 2. THE CHIEF SUPERINTENDENT, CENTRAL PRISON, KALABURGI - 585 201. 3. THE SUPERINTENDENT OF POLICE, BAGALKOTE DISTRICT, BAGALKOTE 587 103. …RESPONDENTS (BY SRI. T. HANUMAREDDY, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT ORDER OR DIRECTION IN THE NATURE OF MANDAMUS TO THE RESPONDENT NO.2 TO RELEASE THE CONVICT PRISONER NO 762 ARJUN S/O LAKKAPPA HURAKKANNAVAR ON GENERAL PAROLE FOR A PERIOD OF 90 DAYS. B) PASS SUCH OTHER ORDERS/DIRECTIONS CONSIDERING Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:16796 WP No. 109022 of 2025 THE FACTS AND CIRCUMSTANCES OF THE CASE TOGETHER AS TO COSTS IN THE INTEREST OF JUSTICE. THIS WRIT 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 the following prayer: a. Issue a Writ order or direction in the nature of mandamus to the respondent no.2 to release the Convict prisoner no 762 Arjun S/o Lakkappa Hurakkannavar on general parole for a period of 90 days. b. Pass such other orders/directions considering the facts and circumstances of the case together as to costs in the interest of justice. 2. The son of the petitioner gets convicted for offences punishable under Sections 143, 147, 148, 504, 324, 326 and 302 read with Section 149 of the IPC. The petitioner was before this Court earlier in Writ Petition No.203577/2024 whereby the Co- ordinate Bench of this Court had granted parole by the following order: “1. The petitioner is before this Court seeking a direction by issuance of a writ in the nature of mandamus to respondent No.2 to consider his request for grant of release of his son on general parole for a period of 90 days, - 3 - HC-KAR NC: 2025:KHC-D:16796 WP No. 109022 of 2025 who is a convict – CTP No. 762 in terms of the Prison Manual. 2. Heard learned counsel appearing for the petitioner and learned Additional Government Advocate appearing for respondents. 3. The brief facts are as follows: The petitioner’s son commits a crime which ends up in his conviction in SC No.50/2018. On the registration of a crime for the offences punishable under Sections 143, 147, 148, 504, 324, 326, 302 r/w 149 of IPC the petitioner’s son was convicted and sentenced to undergo imprisonment for life. 4. The petitioner’s son continues to be in prison and is now in prison for the last 3 years 3 months. The petitioner seeks parole on the ground that his son has been a convict for over 3 years 3 months. The petitioner pleads that he is suffering from several ailments and desires that his son be with him. 5. I have given my anxious consideration to the submissions made by the respective learned counsel and have perused the material on record. 6. The aforementioned facts are not in dispute and therefore, requires no reiteration. The petitioner now seeks parole only on the ground that he is suffering from several ailments and desires that his son be with him. Therefore, I deem it appropriate to grant the petitioner’s son general parole for a period of 90 days, which becomes operational from 14.12.2024 to 12.03.2025. 7. In view of the aforesaid reasons, I pass the following: ORDER (i) The Writ Petition is allowed. (ii) Petitioner’s son – detenue (Arjun) (CTP No.762) is granted general parole for a period of 90 days, which becomes operational from 14.12.2024 to 12.03.2025. - 4 - HC-KAR NC: 2025:KHC-D:16796 WP No. 109022 of 2025 (iii) The convict (CTP No.762) 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.762) would evade going back to the gaol, after the expiry of the period of general parole. (iv) Respondent No.2 shall stipulate strict conditions as are usually stipulated, to ensure return of the detenue to the gaol and that the convict shall not commit any other offence during the period of parole. (v) Registry is directed to communicate this order to respondent No.2, by way of electronic mail, forthwith.” 3. The convict after expiry of the term as is found in the aforementioned order returns to his gaol. 4. The learned AGA submits there is nothing adverse indicated against the convict while he was out on parole or in the prison. In that light, I deem it appropriate to grant the convict parole for a period of sixty days. 5. Accordingly, the following: ORDER i. The Writ Petition is allowed in part. ii. Mandamus issues to respondent No.2 to consider and release the convict prisoner No.762 Arjun, S/o Lakkappa Hurakkannavar on general parole for a period of sixty days, which would become operational - 5 - HC-KAR NC: 2025:KHC-D:16796 WP No. 109022 of 2025 from the date of release of the convict from the jail, subject to the following conditions: a. The convict prisoner No.762 Arjun, S/o Lakkappa Hurakkannavar 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 would evade going back to the gaol, after the expiry of the period of general parole. b. Respondents shall stipulate strict conditions as are usually stipulated, to ensure return of the convict to the gaol and that he shall not commit any other offence during the period of parole. c. The petitioner is at liberty to seek extension of parole, which shall be considered looking at the conduct of the convict while he is out on parole. The registry is directed to communicate the order to the prison authority for its execution. Sd/- (M.NAGAPRASANNA) JUDGE kmv CT-ASC