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2025 DAILYLAW 47058 (KAR)

SHRI SUNIL S/O REVACHAND LAMANI v. THE STATE OF KARNATAKA

WP/104351/2025 · 2025-07-08

Pradeep Singh Yerur

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:8477 WP No. 104351 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 8TH DAY OF JULY 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 104351 OF 2025 (GM-POLICE) BETWEEN: SHRI SUNIL S/O. REVACHAND LAMANI, AGE: 49 YEARS, OCC: HEAD WARDEN, R/O. H.NO.29, 1ST CROSS, D.D. ROAD, BANJAR COLONY, HINDALAGA, BELAGAVI, TQ: AND DIST: BELAGAVI-591108. …PETITIONER (BY SRI. NAGARAJ APPANNANAVAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, VIDHAN SOUDHA, DR. B.R. AMBEDKAR VIDHI, BENGALURU-560 001. 2. THE SUPERINTENDENT OF POLICE (SP), BELAGAVI, TQ & DIST: BELAGAVI-591108. 3. THE CHIEF SUPERINTENDENT, CENTRAL PRISON, BELAGAVI, TQ: & DIST: BELAGAVI-591108. …RESPONDENTS (BY SRI. S.V. MAGADUM, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION DIRECTING THE RESPONDENTS TO CONSIDER AND GRANT GENERAL PAROLE FOR A PERIOD OF 30 DAYS TO THE CONVICTED PRISONER NAMELY UDAYSINGH S/O NARASINGH RAJAPUT, CONVICT PRISONER NO.4358, PRESENTLY LODGED IN CENTRAL JAIL, HINDALAGA, BELAGAVI, IN VIEW OF THE CRITICAL MEDICAL CONDITION OF HIS OLD AGED MOTHER AND ETC. VIJAYALAKSHMI M KANKUPPI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:8477 WP No. 104351 of 2025 THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR) 1. The petitioner is the nearest and closest friend of the convicted prisoner namely Uday Singh, s/o Narasingh Rajaput, who is serving sentence for the past 5 years 8 months 15 days in the Central Jail, Hindalaga, Belagavi, who has been ordered life imprisonment pursuant to the order passed by the learned IV Additional District and Sessions, Dharwad in S.C. No.26/2016 for the offences punishable under Sections 498A and 302 of the Indian Penal Code and the same has been affirmed by this Court in the appeal. 2. It is the contention of the petitioner that the mother of the convict Smt. Shanta, wife of Narasingh Rajaput, aged 87 years is suffering from old aged ailments, chest pain, back pain and other related ailments and due to her advanced age and severe old age ailments, she is not in a position to move around and the Doctors have advised her - 3 - HC-KAR NC: 2025:KHC-D:8477 WP No. 104351 of 2025 complete bed rest. The petitioner has filed the present petition on behalf of the mother of the convict to release him on parole for thirty days to attend to his mother’s medical treatment and take care of her during her advanced aged and evening of her life and no other person is available for the mother of the petitioner to assist her in her medical treatment or otherwise to take care of her. Respondent No.3, after receiving the application, forwarded the same to the 1st respondent. But, however, the respondents have rejected the application for release of the convict on parole. Hence, the petitioner is before this Court for release of the convict on parole for a period of 30 days to take care of the critical needs of his mother. 3. It is the contention of the learned counsel for the petitioner that since the mother of the convict is aged 87 years and suffering from severe age old ailments, the convict may be released on parole for thirty days, as it would be in the interest of the mother of the convict so also the convict to look into the welfare of his mother. - 4 - HC-KAR NC: 2025:KHC-D:8477 WP No. 104351 of 2025 4. Learned AGA representing the State does not dispute the fact that the convict has undergone almost 6 years imprisonment for the aforementioned offences so also there is no bad remarks against the convict while undergoing the sentence in the prison. However, the parole application has been rejected upon the report of respondent No.2. It is apparently seen that no reasons are forthcoming for rejection of the parole application, in particular, to show that the convict would either abscond or create any law and order situation in the society. Considering the fact that the mother of the convict is aged more than 87 years, suffering from old age ailments, it is deemed appropriate that the convict be released on parole to have the accompany of his mother and to take care of her and be in the company in the evening of her life for a period of thirty days. The respondents shall monitor the activities of the convict and take necessary steps if any untoward incidents are created or encountered during this period in view of the convict being released on parole. - 5 - HC-KAR NC: 2025:KHC-D:8477 WP No. 104351 of 2025 5. Under the circumstances, I pass the following order: i. This petition is allowed. ii. The respondents are directed to release the convict namely UdaySingh s/o Narasingh Rajaput, convict prisoner No.4358 serving sentence in Central Jail, Hindalaga, Belagavi, in view of the medical/critical condition of his aged mother to be in the company for a period of thirty days from 14.07.2025 till 13.08.2025 on which date the convict shall surrender back to the prison authorities. Registry is directed to communicate this order to the jail authorities of Central Jail, Hindalaga, Belagavi. Sd/- (PRADEEP SINGH YERUR) JUDGE Kmv CT-MCK