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2025 DAILYLAW 61646 (KAR)

RASHEEDA BEGUM W/O PYARU MIYAN MOTHER OF PRISONER TOUSIF CTP 4425 v. STATE OF KARNATAKA

WP/101917/2025 · 2025-10-16

M Nagaprasanna

Transfer Petitionbody2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:13995 WP No. 101917 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. 101917 OF 2025 (GM-POLICE) BETWEEN: RASHEEDA BEGUM W/O. PYARU MIYAN MOTHER OF PRISONER TOUSIF CTP 4425 AGED ABOUT 59 YEARS, R/O: NO. 127 KASAB GALLI OLD TOWN, BHALKI BIDAR, KARNATAKA – 585 328. …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, BELAGAVI – 591 108. …RESPONDENTS (BY SRI. V.S.KALASURMATH, AGA FOR RESPONDENT/STATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT 2 TO RELEASE THE SON OF THE PETITIONER TOUSIF. CTP 4425 ON GENERAL PAROLE FOR A PERIOD OF 90 DAYS IN THE INTEREST OF JUSTICE AND ETC., THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:13995 WP No. 101917 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The mother of the convict is before this Court seeking for the following prayer: i. Direct the respondent 2 to release the son of the petitioner TOUSIF. CTP 4425 on general parole for a period of 90 days in the interest of justice. ii. Pass 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 convict-son of the petitioner gets embroiled in a crime which results in his conviction for offence punishable under Section 302 read with Section 34 of IPC. 3. The convict as on today completed 8 years and 14 days of imprisonment. The imprisonment certificate appended to the petition does not indicate anything adverse against the convict in the prison. 4. In that light, I deem it appropriate to permit the convict to be released on parole for a period of sixty days, - 3 - HC-KAR NC: 2025:KHC-D:13995 WP No. 101917 of 2025 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.4425) - Tousif 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. 4425) 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. 4425) 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 convict to the gaol - 4 - HC-KAR NC: 2025:KHC-D:13995 WP No. 101917 of 2025 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.: 62