- 1 - NC: 2025:KHC-D:482 WP No. 104275 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 13TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO. 104275 OF 2024 (GM-RES) BETWEEN: SHIVAPPA BASAPPA KALLUR S/O. BASAPPA KALLUR, AGED ABOUT 38 YEARS, OCC. PRISON, R/O. CTP NO.2933, CENTRAL JAIL, DHARWAD-580008. AS PETITONER IS IN CUSTODY, REPRESENTED BY HIS WIFE SMT. RENUKA SHIVAPPA KALLUR, AGED ABOUT 38 YEARS, R/AT. HIREMALLIGAWAD, DHARWAD DISTRICT-580007. … PETITIONER (BY SRI. P.V.VADIRAJ, 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 B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.01.15 11:12:38 +0530 - 2 - NC: 2025:KHC-D:482 WP No. 104275 of 2024 4. THE SUPERINTENDENT OF POLICE DHARWAD DISTRICT-580008. 5. THE SUPERINTENDENT OF CENTRAL PRISON, DHARWAD DISTRICT-580008. … RESPONDENTS (BY SRI. SHARAD V. MAGADUM, AGA FOR R1 TO R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING TO. ISSUE WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT OR ORDER AS PER ANNEXURE-D, QUASH THE MEMORANDUM / LETTER DATED 30/12/2023 BEARING NO.720/D.C.R.B./4/PAROLE/4465/2023 AS ISSUED BY RESPONDENT NO.4 AND DIRECT RESPONDENT NO.5 TO CONSIDER THE REQUEST MADE BY THE PETITIONER TO EXTEND REMISSION AND RELEASE HIM FROM CENTRAL PRISON ON EMERGENCY PAROLE FOR 90 DAYS IN ACCORDANCE WITH LAW. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR - 3 - NC: 2025:KHC-D:482 WP No. 104275 of 2024 ORAL ORDER The petitioner, who has been convicted for an offence punishable under Section 6 of The Protection of Children from Sexual Offences Act (POCSO) and sentenced to 20 years of imprisonment, has approached this Court seeking a direction for his release on parole. 2. The petitioner contends that his presence is essential to oversee agricultural activities on his land. To substantiate his claim, the petitioner has provided a copy of the record of rights, showing that the agricultural lands are registered in his name. 3. As of the current date, the petitioner has served more than 11 years of his sentence. It is also noted that the petitioner has not been granted parole previously. Given these factors, the petitioner has established a prima facie case for his release on parole. Hence, I pass the following: ORDER (i) The petition is allowed. - 4 - NC: 2025:KHC-D:482 WP No. 104275 of 2024 (ii) The communication / memorandum dated 30.12.2023 issued by respondent No.4 at Annexure-‘D’ is hereby quashed. (iii) Respondent Nos.4 and 5 are hereby directed to release the petitioner on parole for a period of 90 days from the date of his release. (iv) Respondent No. 5 shall stipulate strict conditions as are usually stipulated to ensure the return of petitioner to the jail and that he shall not commit any other offence. (v) Registry to communicate this order to the Jail Authorities via email. (vi) The petitioner shall not enter Hiremalligawad village during the period of parole. Pending interlocutory applications, if any, do not survive for consideration. Sd/- (HEMANT CHANDANGOUDAR) JUDGE RH CT:PA List No.: 4 Sl No.: 7