Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 53455 (KAR)

SAVITRI SHIMPI W/O PRAKASH SHIMPI v. STATE OF KARNATAKA

WP/102991/2025 · 2025-11-04

M Nagaprasanna

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC-D:14983 WP No. 102991 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 4TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 102991 OF 2025 (GM-POLICE) BETWEEN: SAVITRI SHIMPI W/O. PRAKASH SHIMPI, MOTHER OF CONVICT PINTU ALIAS SACHIN S/O. PRAKASH SHIMPI, CTP 2245, AGED 63 YEARS, R/AT. LAXMI NAGAR ONI, ITANAL, BELAGAVI, KARNATAKA 591235. …PETITIONER (BY SRI. UMME SALMA, ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF HOME, THROUGH ITS PRINCIPAL SECRETARY, VIDHANA SOUDHA, BENGALURU 560001. 2. THE CHIEF SUPERINTENDENT CENTRAL PRISON, BELAGAVI 51108. …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 THAT PETITIONERS SON CONVICT NAMELY PINTU SACHIN S/O. PRAKASH SHIMPI (CTP-2245) LODGED IN CENTRAL PRISON, BELAGAVI MAY BE ENLARGED/RELEASED OR GRANT GENERAL PAROLE FOR A PERIOD OF 90 DAYS FOR GETTING DONE THE HOUSE RENOVATION IN THE INTEREST OF JUSTICE AND EQUITY. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP 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:14983 WP No. 102991 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioner, mother of the convict is before this Court seeking release of the convict on grant of parole. 2. Heard the learned counsel Smt.Umme Salma appearing for the petitioner and the learned AGA Sri.T.Hanumareddy appearing for the respondents. 3. The son of the petitioner gets embroiled in a crime, which results in his conviction for offences punishable under Sections 302 and 201 read with Section 34 of the IPC in S.C.No.378 of 2011. The detenu had approached this Court in Writ Petition No.175 of 2024 seeking release of the convict on parole. 4. The Coordinate Bench of this Court grants parole by the following order: “The petitioner is before this Court seeking a direction by issuance of a writ in the nature of mandamus to respondent No.4 to consider her request for grant of release of her husband on general parole for a period of 90 days, who is a life convict – CTP No.2245 in terms of the Prison Manual. 2. Heard learned counsel appearing for the - 3 - HC-KAR NC: 2025:KHC-D:14983 WP No. 102991 of 2025 petitioner and learned Additional Government Advocate appearing for respondents. 3. The brief facts are as follows: The petitioner’s son commits a crime which ends up in his conviction in S.C.No.378/2011. On the registration of a crime for the offences punishable under Sections 302, 201 R/w 34 of IPC, the petitioner’s husband was convicted and sentenced to undergo imprisonment for life. 4. The petitioner’s husband continues to be in prison and is now in prison for the last 9 years. On all the aforesaid basis, the petitioner seeks parole on the ground that her husband has been a life convict for over 9 years. The petitioner pleads that she is suffering from several ailments and desires that her husband be with her. 5. I have given my anxious consideration to the submissions made by the respective learned counsel and have perused the material on record. 6. The aforementioned facts are not in dispute and therefore, requires no reiteration. The petitioner now seeks parole only on the ground that she is suffering from ailment and wants her husband to be in the family. Therefore, I deem it appropriate to grant the petitioner’s husband general parole for a period of 30 days, which becomes operational from 06.06.2024 to 05.07.2024. 7. In view of the aforesaid reasons, I pass the following: ORDER (i) The Writ Petition is allowed-in-part. (ii) Petitioner’s son – detenue (Mr.Pintu @ Sachin Prakash Shimpi) (CTP No.2245) is granted general parole for a period of 30 days, which becomes operational from 06.06.2024 to 05.07.2024. - 4 - HC-KAR NC: 2025:KHC-D:14983 WP No. 102991 of 2025 (iii) The convict (CTP No.2245) 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.2245) would evade going back to the gaol, after the expiry of the period of general parole. (iv) Respondent No.4 shall stipulate strict conditions as are usually stipulated, to ensure return of the detenue to the gaol and that the convict shall not commit any other offence during the period of parole. (v) Registry is directed to communicate this order to respondent No.4, by way of electronic mail, forthwith. (vi) The petitioner’s husband is at liberty to seek extension of general parole, which shall be considered looking at the conduct of the convict, while he is out on parole.” 5. The convict after expiry of the term as is found in the aforementioned order returns to his gaol and there is no adverse remark before the prison authorities. 6. In the light of the Co-ordinate Benches of this Court granting parole to all those persons whose cases have been recommended and pending before the Committee, I deem it appropriate to grant the son of the petitioner 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, - 5 - HC-KAR NC: 2025:KHC-D:14983 WP No. 102991 of 2025 reserving liberty to seek its extension, owing to the conduct of the petitioner while outside the prison on such parole. 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.2245) – Pintu @ Sachin S/o. Prakash Shimpi, 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.2245) 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.2245) 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 - 6 - HC-KAR NC: 2025:KHC-D:14983 WP No. 102991 of 2025 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:ANB / List No.: 1 Sl No.: 13