- 1 - HC-KAR NC: 2025:KHC-D:13993 WP No. 100506 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 16TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 100506 OF 2025 (GM-POLICE) BETWEEN: RESHMA SANTOSH POOJARY, W/O. SANTU @ SANTOSH CTP -13058, AGED ABOUT 44 YEARS R/O: 6-129(N), GUDDEANGADI, KUNTALPADI HOUSE, BOMMARABETTU, UDUPI, BANGALORE - 576 113. …PETITIONER (BY SRI. SIRAJUDDIN AHMED, ADVOCATE) AND: 1. STATE OF KARNATAKA, HOME DEPARTMENT THROUGH PRINCIPAL SECRETARY, VIDHANA SOUDHA, BENGALURU 560 001. 2. CHIEF SUPERINTENDENT, CENTRAL PRISON, BALLARI 583101. 3. THE LIFE CONVICTS RELEASE COMMITTEE REPRESENTED BY ITS CHAIRMAN AND PRINCIPAL SECRETARY, HOME DEPARTMENT, VIDHANA SOUDHA, BENGALURU 560 001. 4. THE DIRECTOR GENERAL OF POLICE PRISONS AND CORRECTIONAL SERVICES SHESHADRI ROAD, BENGALURU – 560 001. …RESPONDENTS (BY SRI. V.S.KALASURMATH, AGA FOR R1 TO R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE DIRECT THE RESPONDENTS TO CONSIDER PETITIONERS HUSBAND SANTU @ SANTOSH CTP-13058 APPLICATION TO RELEASE HIM PREMATURELY AND TO GRANT GENERAL PAROLE FOR A PERIOD OF 90 DAYS WITH Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:13993 WP No. 100506 of 2025 FURTHER EXTENSION IN ACCORDANCE WITH LAW, TILL THE COMMITTEE CONSIDERS HIS PREMATURE RELEASE ACCORDING TO THE ANNEXURE-C, CITING THAT HER DAUGHTER MARRIAGE IS GOING TO BE FIXED THE PRESENCE OF HER HUSBAND IS ESSENTIAL TO FULFIL THE FAMILIAL AND SOCIAL RESPONSIBILITIES. HER HUSBAND WAS ALSO INCARCERATED FOR OVER 14 YEARS 9 MONTHS IN YEARS OF INCARCERATION HE HAS REFORMED HIMSELF AND THERE IS NO RECORD OF VIOLATION OF CONDITION IN THESE DAYS OF PAROLE 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 - her husband on parole. 2. The husband of the petitioner gets convicted for an offence punishable under Sections 341 & 302 read with Section 34 of IPC. The petitioner had approached this Court in Writ Petition No.22606 of 2024 seeking release of her husband on parole. 3. The Coordinate Bench of this Court grants parole by the following order: “Learned High Court Government Pleader accepts notice for respondents. 2. The petitioner’s husband, who has been convicted for offences punishable under Sections 341, 302 read with Section 34 - 3 - HC-KAR NC: 2025:KHC-D:13993 WP No. 100506 of 2025 of the Indian Penal Code and sentenced to life imprisonment, is before this Court. 3. The petitioner seeks a directive to Respondent No. 2 to release her husband on parole, citing that the Advisory Committee has recommended his premature release. Despite the direction issued by this Court in W.P. No. 13205/2024, the Advisory Committee’s recommendation has not yet been considered. 4. Heard the learned counsel for the petitioner and the learned HCGP for the State. 5. The petitioner’s husband has been in judicial custody for over 14 years. On a previous occasion, he was released on parole, and there is no record of any violation of parole conditions. Therefore, a prima facie case has been established for the release of the detenue on parole. 6. Accordingly, I pass the following: ORDER (i) The writ petition is allowed. (ii) Respondent No.2 is hereby directed to release the petitioner's husband on parole for a period of 90 days from the date of release, subject to the petitioner's husband undertaking that he would not involve in any unlawful activities. (iii) Respondent No.2 shall impose strict conditions as are usually stipulated to ensure the return of the detenue to the jail and the convict shall not commit any other offence during the period of parole. (iv) The Registry is directed to communicate this order to respondent No.2 by way of electronic mail, forthwith. Any violation of conditions of parole, will result in automatic cancellation of Parole.” 4. The convict after expiry of the term as is found in the aforementioned order returns to his gaol and there is no - 4 - HC-KAR NC: 2025:KHC-D:13993 WP No. 100506 of 2025 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.2 to consider the representation of the petitioner and release the convict (CTP No.13058) – Santu @ Santosh s/o Late Krishna Poojary 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.13058) 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.13058) would - 5 - HC-KAR NC: 2025:KHC-D:13993 WP No. 100506 of 2025 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-ASC List No.: 1 Sl No.: 58