SRI AMARESH S/O LAXMANA GUDADANAL v. THE CHIEF SUPERINTENDENT
WP/109005/2025 · 2025-11-26
M Nagaprasanna
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 61929 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 61929 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR NC: 2025:KHC-D:16515 WP No. 109005 of 2025
IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 26TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 109005 OF 2025 (GM-POLICE) BETWEEN:
SRI. AMARESH S/O. LAXMANA GUDADANAL, AGED ABOUT 22 YEARS, R/O: AIDABAVI VILLAGE, LINGASUGURU TALUK, RAICHUR DISTRICT 584122 PRESENTLY IN CENTRAL PRISON BALLARI 583 101, CTP NO 13784. …PETITIONER (BY SRI. SHIVA PRASAD S., & ACHUSSAN SALIBAN, ADVOCATES)
AND:
1. THE CHIEF SUPERINTENDENT, CENTRAL PRISON, BALLARI – 583 101. 2. THE POLICE INSPECTOR, LINGASUGURU POLICE STATION, RAICHUR DISTRICT – 584 122. …RESPONDENTS (BY SRI. T. HANUMAREDDY, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 18.11.2025 VIDE C.NO.1166/2025 PASSED BY THE RESPONDENT NO.2 AT ANNEXURE-A AND FURTHER BE PLEASED TO DIRECT THE RESPONDENT NO.1 POLICE TO RELEASE THE PETITIONER ON EMERGENCY PAROLE FOR A PERIOD OF 90 DAYS WITHOUT REFERRING THE MATTER TO THE RESPONDENT NO.2 POLICE AND ETC.,
Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench, Dharwad
- 2 -
HC-KAR NC: 2025:KHC-D:16515 WP No. 109005 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 M.NAGAPRASANNA)
1. The petitioner, who is the convict, is before this Court seeking for the following reliefs:
“I. Quash the impugned order dated 18.11.2025 vide C.No.1166/2025 passed by the Respondent no.2 at Annexure-A and further be pleased to direct the Respondent No.1 Police to release the Petitioner on Emergency Parole for a period of 90 days without referring the matter to the Respondent No.2 Police. II. Issue any other writ or order or direction that deems fit to grant in the circumstances of the case in the interest of justice.”
2. The petitioner, who gets convicted of the offence punishable under Section 302 of IPC inter alia. The petitioner is in prison for the last one year and six months. Though the tenure of the petitioner in prison does not warrant any grant of any parole, the petitioner has projected reasons for grant of emergency parole i.e., the marriage of a sister. 3.
In that light, I deem it appropriate to permit the convict to be released on parole for a period of ten days, which would become operational from the date of release of the convict from the jail. Accordingly, the following:
- 3 -
HC-KAR NC: 2025:KHC-D:16515 WP No. 109005 of 2025
ORDER (1) The Writ Petition is allowed in part. (2) The impugned order dated 18.11.2025 passed by the respondent No.2 is hereby quashed. (3) Mandamus issues to respondent No.1 to release the petitioner (Convict Prisoner No.13784) – Amaresh S/o. Laxmana Gudadanal, on emergency parole for a period of ten days, which would become operational from the date of release of the convict from the jail, subject to the following conditions: (i) The convict (Convict Prisoner No.13784) 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 (Convict Prisoner No.13784) 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:16515 WP No. 109005 of 2025
and that he shall not commit any other offence during the period of parole. (4) 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. (5) The registry is directed to communicate the
order to the prison authority for its execution.
Sd/- (M.NAGAPRASANNA) JUDGE
RSH/CT-ASC List No.: 2 Sl No.: 3