LAKSHMAVWA SHIVANAPPAGOL W/O RAMASIDDAPPA v. STATE OF KARNATAKA
WP/102029/2025 · 2025-11-24
M Nagaprasanna
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 44009 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 44009 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC-D:16234 WP No. 102029 of 2025
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 24TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 102029 OF 2025 (GM-RES) BETWEEN:
LAKSHMAVWA SHIVANAPPAGOL W/O. RAMASIDDAPPA MOTHER OF PARSHURAM CTP 4052 AGED ABOUT 50 YEARS R/O. 221/289A SANGAM NAGAR WARD NO.31, GOKAK BELGAUM, KARNATAKA-591307. …PETITIONER (BY SRI. SIRAJUDDIN AHMED, ADVOCATE)
AND:
1.
STATE OF KARNATAKA HOME DEPARTMENT THROUGH PRINCIPAL SECRETARY VIDHAN SOUDHA, BENGALURU-560001.
2.
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 TO RELEASE PETITIONERS SON PARSHURAM CTP- 4052 ON GENERAL PAROLE FOR A PERIOD OF 90 DAYS IN ACCORDANCE WITH LAW CITING THAT ILLNESS OF THE CONVICT MOTHER WHICH IS EVIDENT FROM THE MEDICAL CERTIFICATE ISSUED BY THE RIMS TEACHING HOSPITAL RAICHUR, AND ALSO PETITIONERS SON HAS SERVE MORE THAT 05 YEARS 09 MONTHS, INCARCERATION HE HAS NOT BEEN RELEASED ON PAROLE PREVIOUSLY.
Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench, Dharwad
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HC-KAR NC: 2025:KHC-D:16234 WP No. 102029 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 Co-ordinate Bench of this Court on 22.08.2025 had passed the following order:
“1. Parole is sought for on the basis of the medical certificate at Annexure-C, the same on instructions is vehemently disputed by learned AGA. His submission is that the petitioner who resides in Gokak could not have gone to Raichur to obtain the medical certificate.
2. There seems to be some substance in submission of the learned AGA. The District Health Officer, Raichur is
directed to cause enquiry into the medical certificate at Annexure-C and submit his report in two weeks’ time.
3. Re-list on 12.9.2025.
4. Learned AGA to inform the District Health Officer about the above order. Registry is directed to furnish a copy of the above to learned AGA free of cost.
5. Learned AGA is also directed secure instruction and makes his submission as to whether there is any facility or Board available for obtaining of authenticated medical certificates which could have been considered by the prison authorities themselves, at the time of considering an application for parole instead of production of medical certificate through third party.”
2. Pursuant to the order so passed, the Medical Board is said to have examined the petitioner again and have rendered that he is hail and healthy. The earlier report was an error is what is indicated.
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HC-KAR NC: 2025:KHC-D:16234 WP No. 102029 of 2025
3. In that light petition does not deserve grant of parole for the present.
4. Reserving liberty to approach this Court, yet again on a genuine ill-health and not feigning ill-health, petition stands
disposed.
Sd/- (M.NAGAPRASANNA) JUDGE
KGK CT:ANB List No.: 1 Sl No.: 193