- 1 - HC-KAR NC: 2025:KHC-D:16211 WP No. 108865 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. 108865 OF 2025 (GM-POLICE) BETWEEN: SMT. ROOPA W/O. DINESH SHETTY MOTHER OF CONVICT SACHIN SHETTY @ SACHIN S/O. DINESH SHETTY (CTP NO. 5150) AGED ABOUT 58 YEARS, R/O. LAKSHMI NIVASA, SUBBANNA SHETTY, COMPOUND ARAKERABAILU, TAILARI ROAD, MULIHITTU, MANGALORE-575001. …PETITIONER (BY SRI. I.Y.PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA HOME DEPARTMENT, THROUGH PRINCIPAL SECRETARY, VIDHANA SOUDHA, BENGALURU-560001. 2. THE CHIEF SUPERINTENDENT CENTRAL PRISON, P.B.ROAD, DHARWAD-580008. 3. THE POLICE COMMISSIONER MANGALURU, DIST. DAKSHIN KANNADA-575001. …RESPONDENTS (BY SRI. T. HANUMAREDDY, AGA) Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:16211 WP No. 108865 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO: A) ISSUE A WRIT OF MANDAMUS DIRECT THE RESPONDENT NO.2 TO CONSIDER THE REPRESENTATION DATED 31.10.2025 I.E. ANNEXURE-C. B) DIRECT THE RESPONDENT NO.2 TO RELEASE THE SON OF THE PETITIONERS I.E. CONVICT NAMELY SACHIN SHETTY AT SACHIN S/O DINESH SHETTY (CTP NO.-5150) 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, the mother of the convict, is before this Court seeking release of her son on parole. 2. The son of the petitioner has been convicted for the offences punishable under Sections 143, 147, 148, 120(B), 109, 302, 506 read with Section 149 of the IPC. 3. The convict as on today completed 07 years, 10 months and 09 days, including the under trial period. The - 3 - HC-KAR NC: 2025:KHC-D:16211 WP No. 108865 of 2025 petitioner’s husband-father of the convict had earlier approached this Court in Writ Petition No. 107933 of 2024. The petitioner is now before this Court seeking release of her son on parole on account of her illness. 4. This Court in Writ Petition No. 107933 of 2024 grants parole to the convict on 11.02.2025 by the following order: “The father of the convict is before this Court seeking release of his son on grant of parole, who is now been in prison for the last 6 years 6 months pursuant to the order of conviction of the Court of Sessions for offences punishable under Sections 143, 147 148, 120-B, 448, 302, 506 read with Section 149 of IPC. 2. Heard Shri Sirajuddin Ahmed, learned counsel for petitioner and the learned AGA Shri Sharad V.Magadum for respondents. 3. It transpires that the son of the petitioner has availed parole on earlier occasions and has returned to the gaol and there is no report that is adverse to the petitioner at the time when he was out on parole. 4. In that light I deem it appropriate to grant the general parole for a period of 60 days commencing from 15.02.2025 reserving liberty to seek extension of parole on his return to the gaol after the expiry period of parole. 5. For the aforesaid reasons, the following: ORDER (1) The Writ Petition is allowed in part. - 4 - HC-KAR NC: 2025:KHC-D:16211 WP No. 108865 of 2025 (2) Mandamus issues to respondent No.2 to consider the representation of the petitioner and release the detenue / Sachin Shetty @ Sachin (CTP No.5150) on general parole for 60 days commencing from 15.02.2025, which becomes operational from the forenoon of 15.02.2025, subject to the following conditions: (i) The convict (CTP No.5150) 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.5150) 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 detenue 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 son of the petitioner – convict while he is out on parole. (4) The Registry is directed to communicate the order to the prison authority for its execution.” 5. The convict after expiry of the term as is found in the aforementioned order returns to his gaol and there is no adverse remark before the prison authorities. Therefore, I deem it appropriate to permit the convict to be released on parole for a period of sixty days, which would become - 5 - HC-KAR NC: 2025:KHC-D:16211 WP No. 108865 of 2025 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.5150) – Sachin Shetty @ Sachin s/o. Dinesh Shetty 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.5150) 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.5150) would evade going back to the gaol, after the expiry of the period of general parole. - 6 - HC-KAR NC: 2025:KHC-D:16211 WP No. 108865 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 AC CT:ANB List No.: 1 Sl No.: 127