- 1 - HC-KAR NC: 2025:KHC-D:14932 WP No. 107971 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 3RD DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 107971 OF 2025 (GM-POLICE) BETWEEN: SMT. YASHODA W/O. JAYA POOJARY MOTHER OF CONVICT KESHAVA ALIAS CHONI, S/O. JAYA POOJARY (CTP-3663) AGED ABOUT 61 YEARS, R/O. 10-126, RAILWAY STATION ROAD, SOMESHWAR VILLAGE KOTEKAR MANGALORE, DIST. MANGALURU – 575 022. …PETITIONER (BY SRI. I. Y. PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, HOME DEPARTMENT, THROUGH PRINCIPAL SECRETARY, VIDHANA SOUDHA, BENGALURU-560 001. 2. THE CHIEF SUPERINTENDENT, CENTRAL PRISON, P.B. ROAD, DHARWAD-580 008. …RESPONDENTS (BY SRI. T. HANUMAREDDY, 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 CERTIORARI AND QUASH THE IMPUGNED ENDORSEMENT DATED 18.10.2025 VIDE BEARING NO. KE.KA.DHA/NYAVI-2/2259/2025-26 SUBMITTED BY THE RESPONDENT NO.2 VIDE ANNEXURE-E. AND DIRECT RESPONDENT NO.2 TO RELEASE THE SON OF THE PETITIONER’S I.E. CONVICT NAMELY KESHAVA @ CHONI S/O JAYA POOJARY Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:14932 WP No. 107971 of 2025 (CTP-3663) ON GENERAL PAROLE FOR A PERIOD OF 90 DAYS IN THE INTEREST OF JUSTICE 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 son on parole. 2. The son of the petitioner gets convicted for the offences punishable under Sections 302, 143, 147, 148, 447 and 448 of the IPC. The petitioner had approached this Court in Writ Petition No.28572 of 2024 seeking release of her son on parole. 3. The Coordinate Bench of this Court grants parole by the following order: “The learned counsel for the petitioner to amend the cause title. 2. The petitioner's son, Kehsav @ Joni (CTP No.3663), has been convicted in SC No.117/2012 by the learned III Addl. District and Sessions Court, MLR for the offences punishable under Sections 143, 147, 146, 302, 447 and 448 of IPC, and sentenced to undergo life imprisonment. 3. The petitioner is seeking for a directive to the respondents-police to release her son on parole citing that she has been advised to undergo treatment for ovarian cyst and or undergo hysterectomy per the opinion of a specialist (Obstetrician/Gynecologist) to prevent further complications, which - 3 - HC-KAR NC: 2025:KHC-D:14932 WP No. 107971 of 2025 is evident from the medical certificate at Annexure-A issued by the Medeiscope Clinic and Laboratory, Mangalore. The presence of the convict is necessary to support, care and provide treatment to his ailing mother. 4. The convict has been in judicial custody for more than eight years and eight months as of today. The convict was not released on parole on an earlier occasion. Therefore, the convict has established a prima facie case to release him on parole. Accordingly, I pass the following Accordingly, I pass the following: ORDER i) The petition is allowed. ii) The impugned endorsement dated 5.10.2024 vide Annexure-C issued by the respondent No.2 is hereby quashed. iii) The respondent No.2 is directed to release the convict (CTP No.3663) on parole for a period of ninety days from the date of release subject to the condition that the convict shall not involve in any unlawful activities during the period of parole. iv) The respondent No.2 is at liberty to impose conditions as are usually stipulated to ensure the return of the convict to the prison, and that he shall not commit any other offence during the period of parole. v) The parole granted stands automatically cancelled if the convict violates of any of the stipulated conditions. vi) The convict to mark his attendance with the jurisdictional police on the first day of every week. vii) The Registry is directed to communicate this order to the Jail Authority through electronic mail.” 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 - 4 - HC-KAR NC: 2025:KHC-D:14932 WP No. 107971 of 2025 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.3663) – Keshava @ Choni S/O Jaya 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.3663) 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.3663) would evade going back to the gaol, after the expiry of the period of general parole. - 5 - HC-KAR NC: 2025:KHC-D:14932 WP No. 107971 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 KGK/CT-ASC List No.: 1 Sl No.: 190