- 1 - HC-KAR NC: 2025:KHC-D:12375 WP No. 100532 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 17TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.100532/2025 (GM-POLICE) BETWEEN: JOYTHI W/O. SHUBHAKARA KANCHAN, SISTER OF CONVICT PRASHANTH CTP NO.3378 AGED ABOUT 36 YEARS, R/O: 1-29(1) PANJU THANDEL HOUSE, MANURU VILLAGE, KOTA KOTATHATTU, UDUPI, KARNATAKA – 576 221. …PETITIONER (BY SRI. UMME SALMA, ADVOCATE) AND: 1. STATE OF KARNATAKA, HOME DEPARTMENT, THROUGH PRINCIPAL SECRETARY, VIDHANA SOUDHA, BENGALURU-560001. 2. THE CHIEF SUPERINTENDENT, CENTRAL PRISON, BELAGAVI, KARNATAKA – 591 108. …RESPONDENTS (BY SRI. SHARAD V. MAGADUM, AGA FOR R1 AND F2) 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(S), ORDER(S) OR DIRECTION(S) AND THEREBY DIRECT THE RESPONDENT NO.2 TO RELEASE THE PETITIONER’S BROTHER PRASHANTH CTP NO.3378 ON GENERAL PAROLE FOR A PERIOD OF 90 DAYS IN THE INTEREST OF JUSTICE AND ETC., Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:12375 WP No. 100532 of 2025 THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking for the following reliefs: a. Direct the Respondent No.2 to release the Petitioner’s brother PRASHANTH CTP NO.3378 on General parole for a period of 90 days in the Interest of justice. b. Pas any other order(s) which this court may deem fit and proper under the facts and circumstances of the case, in the interest of justice. 2. The petitioner-sister of convict-Prashanth (CPT No.3378) is before this Court seeking for the general parole of the said convict for a period of 90 days. 3. The said convict has been convicted for the offences under Section 448, 451, 392, 376H and 302 of the IPC vide Judgement dated 20.02.2018 in S.C. No.14/2015. Subsequently, death sentence which had been passed against the convict came to be modified in Crl.A.No.852/2018 vide judgement dated 24.01.2024 - 3 - HC-KAR NC: 2025:KHC-D:12375 WP No. 100532 of 2025 modifying the conviction to imprisonment for life without any remission till he attains the age of 60 years and a fine of Rs.50,000/-. 4. The petitioner is before this Court seeking for parole on the ground that the convict is suffering from serious illness namely epilepsy and neurofits. The convict having been treated in the prison hospital, the petitioner intends to obtain opinion from a specialist doctor, so as to enable the better treatment of the convict. 5. In that view of the matter, learned AGA was directed to secure instructions and furnish a medical report in respect to the convict which has been so furnished. 6. The documents which have been produced indicate that the convict has been suffering from seizure disorder and hypertension and he is being treated from time to time for the same. In view thereof, I am of the considered opinion that the grounds urged by the petitioner have been made out. - 4 - HC-KAR NC: 2025:KHC-D:12375 WP No. 100532 of 2025 7. Taking into consideration that the convict has spent a total period of 7 years 6 months 12 days in custody and there is no complaint against the conduct of the convict, except for a crime No.159/2023 having been registered for offences under Section 424 of the IPC and Section 42 of the Karnataka Prisons Amendment Act, 2022 for use of electronic equipment. 8. In that view of the matter, the conduct of the convict being satisfactory, I am of the opinion that the convict can be released on general parole for a period of 30 days by imposing certain terms. Hence, I pass the following; ORDER i. The writ petition is allowed. ii. Respondent No.2-the Chief Superintendent of Central Prison, Belagavi is directed to release the petitioner’s brother being prisoner with CPT No.3378 on parole for a period of 30 days - 5 - HC-KAR NC: 2025:KHC-D:12375 WP No. 100532 of 2025 commencing from 21.09.2025, subject to the following conditions. a. The prisoner (CPT No.3378) 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 (CPT No.3378) would evade going back to the gaol, after the expiry of the period of general parole. b. Respondent No.1 shall stipulate strict conditions as are usually stipulated to ensure return of the detenu to the gaol and that he shall not commit any other offence during the period of parole. iii. The registry is directed to communicate the order to the prison authority for its immediate execution. Sd/- (SURAJ GOVINDARAJ) JUDGE LN/CT-ASC List No.: 1 Sl No.: 54