- 1 - HC-KAR NC: 2025:KHC-D:17081 WP No. 108942 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 2ND DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 108942 OF 2025 (GM-POLICE) BETWEEN: NISHAD W/O. HASAN SHAREEF MOTHER OF CONVICT ISMAIL SHARIF @ DALI S/O. HASAN SHARIF CTP 3838, AGED ABOUT 51 YEARS, R/O. OPP BEEDI QUARTERS ANALEKOPPA SAGAR TOWN, TQ: SAGAR, DIST. SHIMOGA 3 577 401. &PETITIONER (BY SRI. I. Y. PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, HOME DEPARTMENT, THOUGH PRINCIPAL SECRETARY, VIDHANA SOUDHA, BENGALURU 560 001. 2. THE CHIEF SUPERINTENDENT, CENTRAL PRISON, P B ROAD, DHARWAD 580 008. 3. THE SUPERINTENDENT OF POLICE, SHIVMOGA DIST, SHIVAMOGA 577 401. &RESPONDENTS (BY SRI. T. HANUMAREDDY, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS AND DIRECT THE RESPONDENT NO.2 TO CONSIDER THE REPRESENTATION DATED 31.10.2025 I.E. ANNEXURE-C. B) AND DIRECT THE RESPONDENT NO.2 TO RELEASE THE SON OF THE PETITIONERS I.E. CONVICT NAMELY ISMAIL SHARIF AT DALI S/O HASAN SHARIF (CTP-3838) ON GENERAL PAROLE FOR A PERIOD OF 90 DAYS IN THE INTEREST OF JUSTICE AND ETC., Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:17081 WP No. 108942 of 2025 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 mother of the convict is before this Court seeking the release of her son owing to certain ill health. The son of the petitioner gets convicted of an offence under Section 302 of the IPC and has been in prison for the last 12 years and 1 month. 2. The learned counsel for the petitioner submits that this is the first time he is seeking parole. 3. The learned AGA on instructions and verification of records would submit that there is nothing adverse entered in the imprisonment certificate of the petitioner but would however leave a decision to the hands of this Court. 4. In the light of the aforesaid circumstance and that the first time the petitioner seeking parole, I deem it appropriate to grant parole for period of 30 days which would become operational from the date of release of the convict from the jail. Accordingly, the following: - 3 - HC-KAR NC: 2025:KHC-D:17081 WP No. 108942 of 2025 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.3838) 3 Ismail Sharif @ Dali S/o. Hasan Sharif, 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.3838) 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.3838) 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:17081 WP No. 108942 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 RSH/CT-ASC List No.: 1 Sl No.: 74