MANTESH HALUGAPPA VADDAR S/O HULIGAPPA VADDAR v. THE STATE OF KARNATAKA
WP/108181/2025 · 2025-11-24
M Nagaprasanna
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 49804 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 49804 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC-D:16101 WP No. 108181 of 2025
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 24TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 108181 OF 2025 (GM-POLICE) BETWEEN:
MANTESH HALUGAPPA VADDAR S/O. HULIGAPPA VADDAR, BROTHER OF CONVICT SANTOSHA S/O. HULIGAPPA VADDARA @ DAPYA (CTP-5234), AGED ABOUT 34 YRS, R/O: VADDAR STREET, NAVALGUND, DHARWAD, KARNATAKA 3 582 208. &PETITIONER (BY SRI. UMME SALMA, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA, HOME DEPARTMENT, THR., PRINCIPAL SECRETARY, VIDHANA SOUDHA, BENGALURU 3 560 001. 2. THE CHIEF SUPERINTENDENT, CENTRAL PRISON, DHARWAD 3 580 008. &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 THE PETITIONER9S BROTHER, CONVICT NAMELY SANTHOSHA S/O HULIGAPPA VADDARA AT DAPYA (CTP-5234) 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 VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad
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HC-KAR NC: 2025:KHC-D:16101 WP No. 108181 of 2025
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA)
1. The petitioner is before this Court seeking the following prayer. a. Direct the Respondent no.2 to release the Petitioner9s brother, convict namely Santhosha S/o Huligappa Vaddara at Dapya (CTP-5234) on general parole for a period of 90 days in the Interest of Justice. b. 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 petitioner is the brother of the convict. The convict gets embroiled in a crime in which he gets convicted for offence punishable under Section 302 of the Indian Penal Code inter alia in SC No. 60 of 2020. The petitioner9s brother has been in prison since then and now has completed 6 years. The imprisonment certificate is appended to the petition which does not demonstrate anything adverse during the stay of the petitioner in the prison. 3. The learned AGA would also not project any adverse reports against the convict. - 3 -
HC-KAR NC: 2025:KHC-D:16101 WP No. 108181 of 2025
4.
In that light, I deem it appropriate to permit the convict to be released on parole for a period of thirty 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 and release the convict (CTP No.5234) 3 Santhosha S/o Huligappa Vaddara @ Dapya on general parole for a period of thirty 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.5234) 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 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
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HC-KAR NC: 2025:KHC-D:16101 WP No. 108181 of 2025
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
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