- 1 - HC-KAR NC: 2025:KHC-D:10722 WP No. 103386 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 22ND DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 103386 OF 2025 (GM-POLICE) BETWEEN: YESHODHA CHANNAGIRI WIFE OF BHARAMAPPA MOTHER OF SIDDESHA CTP-4664 AGE. 75 YEARS R/O.NO. 150/7, K.E.B. ROAD SHIDDESHWARA NAGAR MASUR HIREKERUR HAVEN KARNATAKA – 581 210. …PETITIONER (BY SRI. SIRAJUDDIN AHMED, ADVOCATE) AND: 1. STATE OF KARNATAKA, HOME DEPARTMENT, THROUGH PRINCIPAL SECRETARY VIDHANA SOUDHA, BENGALURU – 560 001. 2. CHIEF SUPERINTENDENT, CENTRAL PRISON, DHARWAD – 580 008. …RESPONDENTS (BY SRI. SHARAD V.MAGADUM., AGA FOR R1 & R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NO.2 TO RELEASE THE PETITIONER S CONVICT SON SIDDESHA CTP-4664 ON GENERAL PAROLE FOR A PERIOD OF 90 DAYS CITING THAT THE PETITIONER IS SUFFERING FROM ILLNESS, THE PRESENCE OF THE CONVICT WHO IS THE SON OF PETITIONER Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:10722 WP No. 103386 of 2025 IS ESSENTIAL TO PROVIDE MEDICAL CARE FOR EFFECTIVE TREATMENT AND RECOVERY OF PETITIONER AND ETC. THIS WRIT 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. The petitioner’s mother of Siddesha CTP-4664 is before this Court seeking for the following reliefs: a. Direct the R2 to release the petitioner’s convict son Siddesha CTP-4664 on general parole for a period of 90 days citing that the petitioner is suffering from illness, the present of the convict who is the son of petitioner is essential to provide medical care for effective treatment and recovery of petitioner. 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. 2. The detenue had been sentenced for 5 years rigorous imprisonment for offences under Section 366 of the IPC, for 10 years under Section 6 of POCSO and for life imprisonment for offences under Section 3(2)(a) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 in a Special SC No.31 of 2018. On an appeal having been filed in Criminal Appeal - 3 - HC-KAR NC: 2025:KHC-D:10722 WP No. 103386 of 2025 No.100145/2021, the conviction and sentence for offences under Section 366 of IPC and Section 6 of POCSO Act was confirmed. However, the detenue was acquitted for the offences under Section 3(2)(a) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. Hence, the detenue is now serving sentence only in respect of Section 366 of the IPC and Section 6 of POCSO, the higher of the two sentences being rigorous imprisonment for 10 years. 3. The petitioner has sought for release of her son on parole on the grounds that she is unwell in support thereof, a medical certificate has been produced at Annexure-B which only indicates that she suffers from breathlessness, edema and general edema in the chest and general weakness. 4. I am of the considered opinion that the same cannot be a ground for release of detenue on parole. There is no particular emergency which has arisen for such release of the detenue who has only served 3 years 11 months 19 days as on 28.3.2025. - 4 - HC-KAR NC: 2025:KHC-D:10722 WP No. 103386 of 2025 5. With the above observation, the writ petition stands dismissed. Liberty is reserved to the petitioner to approach this Court once again after serving atleast five years. Sd/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 1 Sl No.: 44