- 1 - HC-KAR NC: 2025:KHC-D:17171 WP No. 100534 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 3RD DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 100534 OF 2025 (GM-POLICE) BETWEEN: GEETHA BHAJANTRI W/O. MALLAPPA ALIAS MALLIKARJUN, MALLIKARJUN CTP NO.3640 AGED ABOUT 33 YEARS, R/AT SIDDESHWAR NAGAR, GOKAK, BELAGAVI, KARNATAKA-591307. …PETITIONER (BY SMT. UMME SALMA, ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF HOME, THROUGH ITS PRINCIPAL SECRETARY, VIDHANA SOUDHA, BENGALURU-560001. 2. THE CHIEF SUPERINTENDENT CENTRAL PRISON, BELAGAVI-591108. …RESPONDENTS (BY SRI.T. HANUMAREDDY, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NO.2 THAT PETITIONER’S HUSBAND CONVICT NAMELY MALLIKARJUN S/O BALAPPA BHAJANTRI (CTP-3640) LODGED IN CENTRAL PRISON, BELAGAVI FOR 06 YEARS 10 MONTHS MAY BE ENLARGED/ RELEASED OR GRANT GENERAL PAROLE FOR A PERIOD OF 90 DAYS TO TAKE CARE AND GETTING PROPER MEDICAL TREATMENT FOR HIS WIFE, WHO WILL HAVE TO UNDERGO THE SURGERY FOR STONE, IN THE INTEREST OF JUSTICE AND EQUITY. Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:17171 WP No. 100534 of 2025 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, who is the wife of the convict, is before this Court seeking the following prayer: a) To direct the Respondent No.2 that Petitioner’s husband convict namely Mallikarjun S/o Balappa Bhajantri (CTP- 3640) lodged in Central Prison, Belagavi for 06 years 10 months may be Enlarged/ Released or grant General Parole for a period of 90 days to take care and getting proper medical treatment for his wife, who will have to undergo the surgery for stone, in the interest of justice and equity. 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 convict-husband of the petitioner gets embroiled in a crime which results in his conviction for offences punishable under Sections 302 read with Section 149 of the IPC in S.C.No.228/2018. 3. The petitioner seeks release of her husband on grant of parole on the reason that she is suffering from certain ailments, for which the presence of the husband would be necessary for her treatment. The imprisonment certificate is - 3 - HC-KAR NC: 2025:KHC-D:17171 WP No. 100534 of 2025 appended to the petition, does not indicate anything adverse against the convict in the prison. 4. In that light, I deem it appropriate to permit the convict to be released on parole for a period of sixty days, which would become operational from the date of release of the convict from the jail. Accordingly, 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 convict (CTP No.3640) – Mallikarjun S/o Balappa Bhajantri, on general parole for a period of sixty 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. 3640) 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 - 4 - HC-KAR NC: 2025:KHC-D:17171 WP No. 100534 of 2025 (CTP No. 3640) 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 KGK CT:ANB List No.: 1 Sl No.: 17