- 1 - HC-KAR NC: 2025:KHC-D:15209 WP No. 108255 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 6TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 108255 OF 2025 (GM-POLICE) BETWEEN: 1. ISHWARA YALLAPPA SUNKAD S/O. YALLAPPA SUNKAD, AGED ABOUT 45 YEARS, R/AT KONNUR, NARAGUND TALUK, GADAG DISTRICT-582207 (CENTRAL PRISON DHARWAD CTP NO 3243) 2. LAKSHMAN YALLAPPA SUNKAD S/O. YALLAPPA SUNKAD, AGED ABOUT 45 YEARS R/AT KONNUR, NARAGUND TALUK, GADAG DISTRICT-582207 (CENTRAL PRISON DHARWAD CTP NO 3242) …PETITIONERS (BY SRI. PRATHAP S S, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY THE PRINCIPAL SECRETARY HOME DEPARTMENT, VIDHANA SOUDHA, BENGALURU-560001. 2. THE LIFE CONVICTS PREMATURE RELEASE COMMITTEE HOME DEPARTMENT, VIDHANA SOUDHA, BENGALURU-560001 R/BY ITS CHAIRMAN 3. THE DIRECTOR GENERAL OF POLICE PRISONS AND CORRECTIONAL SERVICES NO. 9 SHESHADRI ROAD, VISHAL NINGAPPA PATTIHAL Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka Dharwad Bench Date: 2025.11.07 11:53:51 +0530 - 2 - HC-KAR NC: 2025:KHC-D:15209 WP No. 108255 of 2025 BENGALURU 560009. 4. THE SUPERINTENDENT CENTAL PRISON, DHARWAD-580008. …RESPONDENTS (BY SRI.T. HANUMAREDDY, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A. ISSUE A WRIT, ORDER OR DIRECTION IN THE NATURE OF MANDAMUS TO THE RESPONDENTS TO BE PLEASED TO CONSIDER THE CASE OF THE PETITIONERS FOR PREMATURE RELEASE AS PER THE APPLICABLE POLICY EXISTED ON THE DATE OF THEIR CONVICTION, B. ISSUE A WRIT, ORDER OR DIRECTION IN THE NATURE OF CERTIORARI TO QUASH THE ENDORSEMENTS DATED 01-09- 2025 VIDE NO KE.KAA.DHA/NYAVI-2/1755/2025-26 AND NO.KE.KAA.DHA/NYAVI-2/1754/2025-26 PRODUCED AS ANNEXURE-F AND G AND FURTHER BE PLEASED TO DIRECT THE RESPONDENT NO 4 TO RELEASE THE PETITIONERS ON PAROLE TILL THE CONSIDERATION OF THEIR CASE FOR PREMATURE RELEASE. THIS 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 petitioners, who are convicts, have approached this Hon’ble Court seeking the following prayer: “a. Issue a Writ, Order or direction in the nature of mandamus to the Respondents to be pleased to consider the case of the petitioners for premature release as per the application policy existed on the date of their conviction, - 3 - HC-KAR NC: 2025:KHC-D:15209 WP No. 108255 of 2025 b. Issue a Writ, Order or direction in the nature of certiorari to quash the endorsements dated 01-09-2025 vide No. KE.KAA.DHA/NYAVI-2/1755/2025-26 and No. KE.KAA.DHA/NYAVI-2/1754/2025-26 produced at ANNEXURE F & G and further be pleased to direct the respondent No. 4 to release the petitioners on parole till the consideration of their case for premature release.” 2. Heard the learned counsel for the petitioners Sri.Prathap SS and the learned AGA for the respondents. 3. The case of the petitioners was placed before the competent Committee for consideration; however, it was rejected on the ground that another case is pending against the petitioners in S.C. No. 36/2011. It is submitted that the petitioners do not have any adverse remarks regarding their conduct in prison. The wife of the present petitioners had approached the co-ordinate Bench of this Court in Writ Petition No. 29959 of 2024 seeking the release of the convicts on parole. 4. The Coordinate Bench of this Court grants parole by the following order: “The petitioners' husbands have been convicted in SC No.5/2011 by the learned Principal District and Sessions Judge, Gadag for the offences punishable under Sections 302, 452 read with Section 34 of IPC, and sentenced to undergo life imprisonment, is before this Court. - 4 - HC-KAR NC: 2025:KHC-D:15209 WP No. 108255 of 2025 2. The petitioners are seeking for a directive to the respondents-police to release their respective husbands on parole citing that the convicts/prisoners have served more than sixteen years of sentence. The convicts/prisoners were not released on parole on an earlier occasion, and further their presence is required to solemnize their brother's son marriage, which is scheduled on 14.11.2024. The learned Additional Government Advocate for the respondents - State submits that although the convicts/prisoners have served their punishment for more than sixteen years, the Advisory Committee has refused to recommend their premature release. 3. In my view, the petitioners have established a prima facie case to release their respective husbands on parole. Accordingly, I pass the following: ORDER i) The petition is allowed. ii) The respondent No.4 is directed to release the convicts/prisoners viz: Ishwar Yallappa Sunkad S (CTP No.3243) and Laxman s/o Yallappa Sunkad (CTP No.3242) on parole for a period of ninety days from the date of release subject to the condition that the convicts/prisoners shall not involve in any unlawful activities during the period of parole. iii) The respondent No.4 is at liberty to impose conditions as are usually stipulated to ensure the return of the convicts/prisoners to the prison, and that they shall not commit any other offences during the period of parole. iv) The parole granted stands automatically cancelled if the convicts/prisoners violate of any of the stipulated conditions. v) The convicts/prisoners to mark their attendance with the jurisdictional police on the first day of every week. - 5 - HC-KAR NC: 2025:KHC-D:15209 WP No. 108255 of 2025 vi) The Registry is directed to communicate this order to the Jail Authority through electronic mail. Hand delivery ordered.” 5. The convicts 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 convicts to be released on parole for a period of thirty 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 convicts (CTP No.3243 and 3242) – Ishwara Yellaappa Sunkad and Lakshman Yallappa Sunkad on general parole for a period of thirty days, which would become operational from the date of release of the convicts from the jail, subject to the following conditions: - 6 - HC-KAR NC: 2025:KHC-D:15209 WP No. 108255 of 2025 (i) The convicts (CTP No.3243 and 3242) shall mark their attendance in the jurisdictional police station, weekly once throughout the period of their parole and it would be the responsibility of the jurisdictional Police to take him to gaol, in the event, the convicts (CTP No.3243 and 3242) 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 convicts to the gaol and that they shall not commit any other offence during the period of parole. (3) The petitioners are at liberty to seek extension of parole, which shall be considered looking at the conduct of the convicts while they are out on parole. (4) The registry is directed to communicate the order to the prison authority for its execution. Sd/- (M.NAGAPRASANNA) JUDGE AC/-CT:ANB List No.: 1 Sl No.: 45