- 1 - HC-KAR NC: 2025:KHC-D:13822 WP No. 107185 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 14TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 107185 OF 2025 (GM-POLICE) BETWEEN: SHRI. CHANNAPPAGOUDA C. PATIL, FATHER OF SHRI SHIVANAGOUDA C. PATIL, AGE: 73 YEARS, OCC: AGRICULTURE, R/O: KAMANABIDI, YALAVADAL – 582 204, TQ: KALAGHATAGI, DIST: DHARWAD. …PETITIONER (BY SRI. SUHAS K. HOSAMANI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, R/BY ITS SECRETARY, TO THE DEPARTMENT OF HOME, VIDHANA SOUDHA, BENGALURU – 560 001. 2. THE CHIEF SUPERINTENDENT, CENTRAL PRISON DHARWAD, P.B. ROAD, DHARWAD – 580 008. …RESPONDENTS (BY SRI. V.S.KALASURMATH, AGA FOR RESPONDENT/STATE) 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 ORDER OR DIRECTION, DIRECTING THE RESPONDENTS TO RELEASE PETITIONER’S CONVICTED SON SHRI SHIVANAGOUDA S/O CHANNAPPAGOUDA PATIL (CTP-4684) ON GENERAL PAROLE FOR A PERIOD OF 90 DAYS IN ACCORDANCE WITH LAW FOR ATTENDING THE ILLNESS OF PRISONER’S MOTHER 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:13822 WP No. 107185 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The convict - son of the petitioner gets convicted for offences punishable under Section 302,504 and 506 read with 34 of the IPC. 2. The brother of the convict had approached this Court in Writ Petition No.31459 of 2024 seeking release of the petitioner on parole. 3. The Coordinate Bench of this Court in Writ Petition No.31459 of 2024 grants parole to the convict by the following order: The petitioner’s brother, Shivanagowda (CTP No. 4684), has been convicted for the offences punishable under Sections 302, 504, 506 read with Section 34 of the Indian Penal Code, and sentenced to undergo life imprisonment. 2. Heard the learned counsel for the petitioner and the learned Additional Government Advocate for the State. The petitioner seeks a directive for the release of his brother on parole, citing the illness of his father, who is suffering from G.T.T. with Cystitis and Cerebellum along with Asthma. The presence of the convict is required to care for his ailing father. The convict has served more than 8 years of his sentence and was not released on parole previously. - 3 - HC-KAR NC: 2025:KHC-D:13822 WP No. 107185 of 2025 3. In light of these circumstances, the petitioner has established a prima facie case for the release of his brother on parole. 4. Accordingly, I pass the following: ORDER (i) The petition is allowed. (ii) The respondent No.2 is hereby directed to release the petitioner's brother viz: Shivanagowda (CTP No.4684) on parole for a period of ninety days from the date of release subject to condition that the detenue shall not involve in any unlawful activities during the period of parole. (iii) The respondent No.2 is at liberty to impose conditions as are usually stipulated to ensure the return of the detenue to the jail, and he shall not commit any other offence during the period of parole. (iv) The Registry to communicate this order to the Jail Authority through electronic mail. 4. The convict after the expiry of the term of parole, as is found in the aforementioned order returns back to his gaol. On 09.09.2025, the petitioner submits a representation to the respondent No.2 for release of the convict on parole since the mother of the convict is suffering from serious health aliments and is undergoing treatment for the same. However, the said representation is not considered by the respondent No. 2. - 4 - HC-KAR NC: 2025:KHC-D:13822 WP No. 107185 of 2025 5. Aggrieved by the inaction of the respondent No.2 in not considering the representation of the petitioner dated 09.09.2025, the petitioner has preferred this present petition for release of his son – the convict on parole 6. The learned counsel for the petitioner submits that the convict - son of the petitioner has been in prison for the last 9 years 8 months 16 days in terms of the prison certificate. Further, the certificate also states that the conduct of convict in jail is satisfactory and therefore, seeks his release on general parole for the purpose of attending to the ailing wife of the petitioner, who is the mother of the convict. 7. Learned Additional Government Advocate would submit that there is no adverse remark against the convict while in prison and the conduct of the convict – son of the petitioner in prison is good. 8. In light of the aforesaid submissions, I deem it appropriate to grant the convict (CTP No. 4684) – son of - 5 - HC-KAR NC: 2025:KHC-D:13822 WP No. 107185 of 2025 the petitioner, general parole for a period of sixty days, which becomes operational from the date of the 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.4684) – Shivanagouda C. Patil on general parole for a period of sixty days which would become operational from the date of release of the convict from jail, subject to the following conditions: (i) The convict (CTP No.4684) 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.4684) would evade going back to the gaol, after the expiry of the period of general parole. - 6 - HC-KAR NC: 2025:KHC-D:13822 WP No. 107185 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 RHR/CT-ASC List No.: 1 Sl No.: 61