Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 47056 (KAR)

BALWANTI W/O KATWAROO RAM v. THE STATE OF KARNATAKA

WP/107631/2025 · 2025-10-27

M Nagaprasanna

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC-D:14294 WP No. 107631 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 27TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 107631 OF 2025 (GM-POLICE) BETWEEN: BALWANTI W/O. KATWAROO RAM, MOTHER OF CONVICT NAMELY JAGADISH @ SATEESHKUMAR PATEL (CTP 4217) AGED ABOUT 61 YEARS, R/O: ODAR, NAHAR PAR, BIRBHANPUR, VARANASI, UTTAR PRADESH – 221 311. …PETITIONER (BY SRI. UMME SALMA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, HOME DEPARTMENT THROUGH PRINCIPAL SECRETARY, VIDHANA SOUGHA, BENGALURU – 560 001. 2. THE CHIEF SUPERINTENDENT, CENTRAL PRISON, BELAGAVI – 580 008. …RESPONDENTS (BY SRI. V.S.KALASURMATH, AGA FOR RESPONDENTS) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NO.2 TO RELEASE THE PETITIONERS SON, CONVICTED, NAMELY JAGADISH AT SATEESHKUMAR PATEL S/O KATWARA (CTP- 4217), ON GENERAL PAROLE OF A PERIOD OF 90 DAYS IN THE INTEREST OF JUSTICE AND ETC., THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: VISHAL NINGAPPA PATTIHAL Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka Dharwad Bench Date: 2025.10.28 15:45:52 +0530 - 2 - HC-KAR NC: 2025:KHC-D:14294 WP No. 107631 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioner is before this Court seeking the release of the convict on parole. 2. The son of the petitioner gets convicted in S.C.No.129 of 2022 and for several offences the petitioner has been in prison for the last 11 years and 11 months without availing any parole. 3. The custody certificate issued and appended to the petition would not indicate any adverse report against the petitioner in the prison. 4. In the light of the said circumstances and the circumstance of the mother not being well, I deem it appropriate to grant the petitioner parole for a period of 60 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. - 3 - HC-KAR NC: 2025:KHC-D:14294 WP No. 107631 of 2025 (2) Mandamus issues to respondent No.2 to consider the representation of the petitioner and release the convict (CTP No.4217) – Jagadish @ Sateeshkumar Patel S/o Katwara, 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.4217) 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.4217) 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. - 4 - HC-KAR NC: 2025:KHC-D:14294 WP No. 107631 of 2025 (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-ASC List No.: 1 Sl No.: 47