- 1 - HC-KAR NC: 2025:KHC-D:17487 WP No. 109362 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 8TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 109362 OF 2025 (GM-POLICE) BETWEEN: BHOJVEER S/O OMPRAKASH BROTHER OF CONVICT PRATHAPSINGH @ DALI @ DUBBA S/O. OMPRAKASH (CTP NO. 3839) AGED ABOUT 33 EARS, R/O. G. P. ROAD NEAR LIC OFFICE, MEDAR KERI SAGAR, 2ND CROSS VTC SAGAR, DIST. SHIVAMOGGA 577401. …PETITIONER (BY SRI. I Y PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA HOME DEPARTMENT, THROUGH PRINCIPAL SECRETARY VIDHANA SOUDHA, BENGALURU 560001. 2. THE DIRECTOR GENERAL PRISONS AND CORRECTIONAL DEPARTMENT, NO.4, SHESHADRI ROAD, BANDHINAGAR, BENGALURU 560009. 3. THE CHIEF SUPERINTENDENT CENTRAL PRISON, P. B. ROAD, DHARWAD-580008. Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:17487 WP No. 109362 of 2025 4. THE SUPERITENDENT OF POLICE SHIVAMOGGA, DIST. SHIVAMOGGA 577201. 5. POLICE INSPECTOR TOWN POLICE SAGAR, SAGAR 577401. …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 IN THE NATURE OF MANDAMUS TO THE RESPONDENT NO.3 TO CONSIDER THE REPRESENTATION DATED. 31-10-2025 I.E., ANNEXURE-C AND ETC., 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 petitioner is before this Court seeking release of the convict – his brother on parole. 2. The brother of the petitioner gets convicted for offences punishable under Sections 120B, 143, 147, 148, 302 & 115 of the IPC. The petitioner had approached this Court in Writ Petition No.107918/2024 seeking release of his brother on parole. 3. The Coordinate Bench of this Court grants parole by the following order: - 3 - HC-KAR NC: 2025:KHC-D:17487 WP No. 109362 of 2025 “1. The petitioner is before this Court seeking release of his brother, who is a convict for the offence punishable under Section 302 of the IPC. 2. The brother of the petitioner gets embroiled in a crime, which leads to his conviction and is now in prison for the last 11 years and 2 months. The petitioner submits a representation for release of his brother on parole for the second time. The application comes to be rejected on a Police report which finds its place in the nominal roll of the custody certificate. 3. Learned counsel appearing for the petitioner submits that the brother of the petitioner on an earlier occasion had been released on parole and has returned to the goal without any adverse report against him 4. Learned AGA would object to the release of the brother of the petitioner on parole on the ground that the Police report has gone against him. 5. Be that as it may. In the light of the brother of the petitioner being in prison for the last 11 years 2 months and that the release on parole on an earlier occasion being without any adverse report against him. I deem it appropriate to permit the brother of the petitioner to be released on parole beginning from 20th January 2025 for a period of 30 days with liberty to seek extension of parole which would be considered going to the conduct of the brother of the petitioner out, when he is outside the prison. 6. For the aforesaid reasons, 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 detenue / Prathapsingh @ Dali @ Dabbu (CTP No.3839) on general parole from the forenoon of 20.01.2025 for a period of 30 days subject to the following conditions: (i) The convict (CTP No.3839) 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 goal, in the event, the convict (CTP No.3839) would evade going back to the goal, after the expiry of the period of general parole. (ii) Respondent No.1 shall stipulate strict - 4 - HC-KAR NC: 2025:KHC-D:17487 WP No. 109362 of 2025 conditions as are usually stipulated, to ensure return of the detenue to the goal 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 brother of the petitioner – convict while he is out on parole. (4) The registry is directed to communicate the order to the prison authority for its execution.” 4. 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. Therefore, 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.3 to consider the representation of the petitioner and release the convict (CTP No.3839) – Prathapsingh @ Dali @ Dubba S/o Omprakash 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: - 5 - HC-KAR NC: 2025:KHC-D:17487 WP No. 109362 of 2025 (i) The convict (CTP No.3839) 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.3839) 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. (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.: 2 Sl No.: 18