- 1 - NC: 2025:KHC-D:2517 WP No. 100907 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 7TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 100907 OF 2025 (GM-POLICE) BETWEEN: SRI. BHIRAPPA PUJARI SON OF SHIVAPPA PUJARI, AGE: 29 YEARS, RESIDING AT 1ST FLOOR, 331, PUJARI BUILDING CHIKKAPADASALAGI ROAD, HIREPADASALGI, JAMKHANDI BAGALKOT -587301. …PETITIONER (BY SRI. RAJENDRA C. DESAI, AND SRI. RAMESH I. ZIRALI, ADVOCATES) AND: 1. STATE OF KARNATAKA, HOME DEPARTMENT, THROUGH PRINCIPAL SECRETARY, VIDHANA SOUDHA, BENGALURU -560001. 2. CHIEF SUPERINTENDENT CENTRAL PRISON, VIJAYAPUR -586101. …RESPONDENTS (BY SRI SHARAD V. MAGADUM, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA IS PRAYING TO, TO Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High court of Karnataka, Dharwad Bench, Dharwad - 2 - NC: 2025:KHC-D:2517 WP No. 100907 of 2025 ISSUE WRIT IN THE NATURE OF MANDAMUS AN APPROPRIATE DIRECTION TO THE RESPONDENT NO.2 TO RELEASE THE PETITIONERS BROTHER KAREPPA S. PUJARI, CTP NO. 7254 ON EMERGENCY PAROLE FOR A PERIOD TILL 01.03.2025 SO AS TO PERMIT HIM TO APPEAR FOR THE 3RD SEMESTER EXAMS SCHEDULE TO BE HELD FROM 11.02.2025 TILL 01.03.2025. PASS ANY OTHER APPROPRIATE ORDER WHICH DEEMS FIT IN THE FACTS AND CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) The petitioner is before this Court seeking the release of his brother on grant of emergency parole upto 01.03.2025 on the score that he has to appear in the 3rd semester exams scheduled to be held from 11.02.2025 till 13.02.2025. 2. Heard Sri Rajendra C. Desai, learned counsel for petitioner and the learned AGA for respondent. - 3 - NC: 2025:KHC-D:2517 WP No. 100907 of 2025 3. The brother of the petitioner gets convicted of the offence punishable under Section 4 and 6 of the POCSO Act on 16.01.2025. The brother of the petitioner is then housed in prison and he remained in prison for over 20 days today. The petitioner has moved an application seeking release of his brother on emergency parole on the score that he has to attend the 3rd semester exams slated to be held as observed hereinabove. Though the offence against the convict is the one punishable under Section 4 and 6 of POCSO Act, the brother of the petitioner being a student, who has to complete his examinations, is entitled to grant of such emergency parole notwithstanding the vehement opposition of the learned AGA, to become operational from 10.02.2025 to 03.03.2025. 4. 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 - 4 - NC: 2025:KHC-D:2517 WP No. 100907 of 2025 and release the detenue/Kareppa S Pujari (CTP No.7254) on general parole from 10.02.2025 to 03.03.2025 which becomes operational from the forenoon of 10.02.2025, subject to the following conditions: (i) The convict (CTP No.7254) 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.7254) 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 son of the petitioner – convict while he is out on parole. - 5 - NC: 2025:KHC-D:2517 WP No. 100907 of 2025 (4) The registry is directed to communicate the order to the prison authority for its execution. Sd/- (M.NAGAPRASANNA) JUDGE NAA List No.: 2 Sl No.: 4