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High Court of Karnataka · body

2025 DAILYLAW 59163 (KAR)

MR DURGESH ALIAS DURGAPPA HANUMANTAPPA KAREKAL S/O LATE HANUMANTAPPA KAREKAL v. STATE OF KARNATAKA

WP/109044/2025 · 2025-12-01

M Nagaprasanna

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC-D:16815 WP No. 109044 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 1ST DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 109044 OF 2025 (GM-POLICE) BETWEEN: MR DURGESH @ DURGAPPA HANUMANTAPPA KAREKAL S/O. LATE HANUMANTAPPA KAREKAL, AGED MAJOR, OCC: PRISON, R/O. CTP NO. 13954, CENTRAL PRISON, BELLARY, AS PETITIONER IS IN CUSTODY, REPRESENTED BY HIS MOTHER, SMT. LAXMAMMA KAREKAL W/O. LATE HANUMANTAPPA KAREKAL AGED ABOUT 70 YEARS, R/AT. 187, BANKAPUR VILLAGE, SULEKAL POST, GANGAVATHI TALUQ, KOPPAL DISTRICT-583283. …PETITIONER (BY SRI. GIRISH M. PATIL, ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF LAW, JUSTICE AND HUMAN RIGHTS, BANGALORE-560001. 2. STATE OF KARNATAKA REPRESENTED BY ITS UNDER SECRETARY, DEPARTMENT OF HOME, PRISON AND CINEMA, BANGALORE-560001. 3. THE DIRECTOR GENERAL POLICE AND INSPECTOR GENERAL OF PRISONS, SHESHADRI ROAD, BANGALORE 560001. Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:16815 WP No. 109044 of 2025 4. THE CHIEF SUPERINTENDENT OF CENTRAL PRISONS CENTRAL JAIL, BELLARY DISTRICT 583103. …RESPONDENTS (BY SRI.T.HANUMAREDDY, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT OR ORDER AS PER ANNEXURE-G ENDORSEMENT DATED 16.10.2025 BEARING NO. 4/DCRB/PAROLE.A.VARADHI/2025 AND DIRECT THE RESPONDENT NO.4 TO CONSIDER THE REQUEST MADE BY THE PETITIONER TO EXTEND REMISSION AND TO RELEASE HIM ON GENERAL PAROLE FOR A PERIOD OF 90 DAYS FROM CENTRAL PRISON, BELLARY IN ACCORDANCE WITH LAW. 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 the following prayer: I) Issue Writ of Mandamus or any other appropriate Writ or Order as per Annexure-G Endorsement dated 16.10.2025 bearing No.4/DCRB/PAROLE.A.VARADHI/ 2025 and direct the Respondent No.4 to consider the request made by the Petitioner to extend remission and to release him on General Parole for a period of 90 days from Central Prison, Bellary in accordance with law. II) Issue any other Writ or Order or Direction that deems fit to grant in the circumstances of the case in interest of justice and equity. - 3 - HC-KAR NC: 2025:KHC-D:16815 WP No. 109044 of 2025 2. The son of the petitioner gets embroiled in a crime which results in his conviction in SC No.9 of 2019. The petitioner seeks release of the son on parole on the score that the petitioner’s daughter is in a critical medical condition. It is also submitted that this is the first request for parole in the last seven years, and a medical certificate regarding the daughter’s condition is also appended to the petition. 3. In that light, 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.2 to consider the representation of the petitioner and release the convict (CTP No.13954) – Durgesh @ Durgappa Hanumantappa Karekal, 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: - 4 - HC-KAR NC: 2025:KHC-D:16815 WP No. 109044 of 2025 (i) The convict (CTP No.13954) 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.13954) 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. RHR/-CT:ANB List No.: 2 Sl No.: 8 Sd/- (M.NAGAPRASANNA) JUDGE