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2025 DAILYLAW 38520 (KAR)

SRI. CHANAPPAGOUDA S/O CHANNABASANGOUDA PATIL v. THE STATE OF KARNATAKA

WP/107626/2025 · 2025-10-17

M Nagaprasanna

Transfer Petitionbody2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:14112 WP No. 107626 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 17TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 107626 OF 2025 (GM-POLICE) BETWEEN: SRI. CHANAPPAGOUDA S/O. CHANNABASANGOUDA PATIL, NATURAL FATHER OF CONVICT IRANAGOUDA S/O PUTTAPPA PUTTAPPANVAR, (CTP-4681), AGE. 74 YEARS R/O: YALAVADAL, KLAGHATAGI, DIST: DHARWAD – 581 204. …PETITIONER (BY SRI. I. Y. PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, HOME DEPARTMENT, THROUGH PRINCIPAL SECRETARY, VIDHANA SOUDHA, BENGALURU - 560 001. 2. THE CHIEF SUPERIENTENDENT, CENTRAL PRISON, P.B.ROAD, DHARWAD – 580 008. 3. THE SUPERINTENDENT OF POLICE, SHIVAMOGGA, DIST: SHIVAMOGGA-577201 …RESPONDENTS (BY SRI. V.S.KALASURMATH, AGA FOR RESPONDNET/STATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI AND QUASH THE IMPUGNED REPORT BEARING NO.JI POO KA/SHIMO/DCR/PAROL/C/25/2025 DATED 22-09-2025 SUBMITTED BY THE RESPONDENT NO.3 VIDE ANNEXURE-D. AND DIRECT THE RESPONDENT NO.2 TO RELEASE THE SON OF THE PETITIONER’S I.E. CONVICT NAMELY IRANAGOUDA S/O PUTTAPPA Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:14112 WP No. 107626 of 2025 PUTTAPPANVAR (CTP-4681) ON GENERAL PAROLE FOR A PERIOD OF 90 DAYS 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 release of the convict - his son on parole. 2. The son of the petitioner gets convicted for an offences punishable under Sections 302, 504, 506 read with Section 34 of the IPC. 3. The convict as on today completed 9 years 6 months and 13 days of imprisonment, including the period of remission. The imprisonment certificate 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, - 3 - HC-KAR NC: 2025:KHC-D:14112 WP No. 107626 of 2025 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.4681) – Irangouda, 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.4681) 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.4681) would evade going back to the gaol, after the expiry of the period of general parole. - 4 - HC-KAR NC: 2025:KHC-D:14112 WP No. 107626 of 2025 (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 VNP / CT-ASC List No.: 1 Sl No.: 5