- 1 - HC-KAR NC: 2025:KHC-D:13997 WP No. 103384 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 16TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 103384 OF 2025 (GM-POLICE) BETWEEN: KASHINATH SHANKRAPPA KAMPLIKOPPA, COUSIN OF CONVICT, PRABHU S/O. SHIVAPPA YALIVAL (CTP-5041), AGED ABOUT 34 YEARS, R/O: DODOONI, DHARWAD DISTRICT, KARNATAKA – 581 204. …PETITIONER (BY SRI. UMME SALMA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, HOME DEPARTMENT, THROUGH PRINCIPAL SECRETARY, VIDHANA SOUDHA, BENGALURU – 560 001. 2. THE CHIEF SUPERINTENDENT, CENTRAL PRISON, P.B. ROAD, DHARWAD – 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 PETITIONER’S COUSIN, CONVICT NAMELY PRABHU S/O. SHIVAPPA YALIVAL (CTP-5041) ON GENERAL PAROLE FOR 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: Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:13997 WP No. 103384 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioner, who is the cousin of the convict, is before this Court seeking for the following reliefs: I. Direct the respondent No.2 to release the petitioner’s cousin, convict namely Prabhu s/o. Shivappa Yalival (CTP-5041) on general parole for a period of 90 days in the interest of justice. II. Pass any other order(s) which this Court may deem fit and proper under the facts and circumstances of the case, in the interest of justice. 2. The convict-cousin of the petitioner gets embroiled in a crime which results in his conviction for offence punishable under Sections 302, 143, 147 & 341 read with Section 149 of IPC. 3. The convict as on today completed 2 years 7 months 5 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. - 3 - HC-KAR NC: 2025:KHC-D:13997 WP No. 103384 of 2025 4. In that light, I deem it appropriate to permit the convict to be released on parole for a period of sixty 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. (2) Mandamus issues to respondent No.2 to consider the representation of the petitioner and release the convict (CTP No.5041) – Prabhu S/o Shivappa Yalival, 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.5041) 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.5041) would evade going back to the gaol, after the expiry of the period of general parole. - 4 - HC-KAR NC: 2025:KHC-D:13997 WP No. 103384 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 KGK/CT-ASC List No.: 1 Sl No.: 65