SANGANAGOUDA S/O NINGANAG0UDA PATIL v. THE STATE OF KARNATAKA
WP/104536/2025 · 2025-12-10
M Nagaprasanna
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 38240 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 38240 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC-D:17865 WP No. 104536 of 2025
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 10TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 104536 OF 2025 (GM-POLICE)
BETWEEN:
SANGANAGOUDA S/O. NINGANAG0UDA PATIL AGED ABOUT 41 YEARS, OCC: PRISON, R/O. CTP NO. 5149, CENTRAL JAIL, DHARWAD 580008 AS PETITIONER IS IN CUSTODY REPRESENTED BY HIS WIFE VIDHYA W/O SANGANAGOUDA PATIL AGE: 37 YEARS, OCC: HOUSE WIFE, R/O: KALLANAKKKAL ONI, SALAKINAKOPPA BAAD, TQ AND DIST DHARWAD 580118. …PETITIONER
(BY SRI. PRAVEEN HUCHARADDI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF LAW JUSTICE AND HUMAN RIGHTS, BANGALORE 560 001. 2. THE STATE OF KARNATAKA REPRESENTED BY ITS UNDER SECRETARY , DEPARTMENT OF HOME, PRISON AND CINEMA, BANGALORE 560 001. 3. THE DIRECTOR GENERAL POLICE AND INSPECTOR GENERAL OF PRISONS SHESHADRI ROAD BANGALORE 560 001. Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad
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HC-KAR NC: 2025:KHC-D:17865 WP No. 104536 of 2025
4. SUPERINTENDENT OF POLICE DHARWAD-580 008. 5. THE CHIEF SUPERINTENDENT OF CENTRAL PRISONS, CENRAL JAIL DHARWAD 580008. 6. THE LIFE CONVICTS RELEASE COMMITTEE PRINCIPAL SECRETARY, DEPARTMENT OF HOME BANGALORE BY ITS CHAIRMAN -560 001. …RESPONDENTS (BY SRI.T. HANUMAREDDY, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR ORDER AS TO QUASH THE REPLY AS PER ANNEXURE 'C' BEARING NO. KE.KA.DHA/NYAVI-2/438/2024-25 DT. 09/05/2025 ISSUED BY RESPONDENT NO. 5 IN FAVOR OF THE PETITIONER AND TO CONSIDER THE REPRESENTATION MADE VIDE ANNEXURE D DATED 05/05/2025 AND GRANT THE PETITIONER THE PAROLE FOR 15 DAYS IN THE INTEREST OF JUSTICE. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN B GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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HC-KAR NC: 2025:KHC-D:17865 WP No. 104536 of 2025
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA)
1. The petitioner is before this Court seeking release on emergency parole on the ground that his mother is critically ill. 2.
A medical certificate has been appended to the petition, which reads as under:
MEDICAL CERTIFICATE To Whomsoever It may concern
This is to certify that Smt. Shakuntala Ninganagouda Patil, Aged about 71 Years, R/o. Bada Village, Dharwad District is presently suffering from Uncontrolled Hypertension with Lumbar Spondylosis with degenerative disc disease at L3-L4,L4-L5 & L5-S1 Levels, Anterior wedge compression fracture of D12,L1,L2,L3 Vertebral bodies, which may lead to Cardiovascular, Neurological complications and age related complications as well, respectively and hence patient is unable to walk due to back pain and deformity due to respective diseases as stated. It is made clear that as she is presently suffering from Terminal Illness and also due to her advanced age, she needs undisturbed complete bed rest for 90 days and immediate reference to. Higher Medical Centre for further treatment. 28/04/2025 Consulting Doctor”
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HC-KAR NC: 2025:KHC-D:17865 WP No. 104536 of 2025
3. In the light of the medical condition of the petitioner’s mother, I deem it appropriate to grant the petitioner emergency parole for a period of 15 days, in the peculiar facts of the case, as the mother is critically ill with the conditions stated in the medical certificate. Accordingly, the following:
ORDER (1) The Writ Petition is allowed. (2) Mandamus issues to respondent No.2 to consider the representation of the petitioner and release the convict (CTP No.5149) – Sangangouda S/o Ninganagouda Patil, on general parole for a period of 15 days, which would become operational from the date of release of the convict from the jail, subject to the following conditions: (i) The convict (CTP No.5149) 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,
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HC-KAR NC: 2025:KHC-D:17865 WP No. 104536 of 2025
the convict (CTP No.5149) 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 convict 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 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
AC CT:ANB List No.: 1 Sl No.: 149