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High Court of Karnataka · body
2025 DAILYLAW 61951 (KAR)
SRI HANUMANTAPPA v. THE STATE OF KARNATAKA
WP/107973/2025 · 2025-11-03
M Nagaprasanna
Transfer Petitionbody2025
[ 2025 DAILYLAW 61951 (KAR) · dailylaw.ai ]
[ 2025 DAILYLAW 61951 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC-D:14954 WP No. 107973 of 2025
IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 3RD DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 107973 OF 2025 (GM-POLICE) BETWEEN:
SRI. HANUMANTAPPA S/O. MARTANDAPPA MAREMMANAVAR, BROTHER-IN-LAW OF CONVICT RAJU S/O. BASAPPA ALIAS BASAVANNEPPA ADIN (CTP-3993), AGED ABOUT 34 YEARS, R/O. HOSA NEERALAGI-M-KARADGI, TQ. SAVANUR, DIST. HAVERI – 581 205. …PETITIONER (BY SRI. I. Y. PATIL, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA, HOME DEPARTMENT, THROUGH PRINCIPAL SECRETARY, VIDHANA SOUDHA, BENGALURU-560 001. 2. THE CHIEF SUPERINTENDENT, CENTRAL PRISON, P.B. ROAD, DHARWAD – 580 008. 3. THE SUPERINTENDENT OF POLICE, HAVERI, DIST. HAVERI – 581 110. …RESPONDENTS (BY SRI. T. HANUMAREDDY, AGA FOR RESPONDENT/STATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI AND QUASH THE IMPUGNED REPORT BEARING NO. 1320/r¹DgÀ©-6/¸ÁªÀiÁ£Àå ¥ÉgÀÆ® gÀeÉ/2025 DATED 19.09.2025 ISSUED BY RESPONDENT NO.2, VIDE ANNEXURE-D. AND DIRECT THE RESPONDENT NO.2 TO RELEASE PETITIONER’S
Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad
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HC-KAR NC: 2025:KHC-D:14954 WP No. 107973 of 2025
BROTHER-IN-LAW I.E. CONVICT NAMELY RAJU S/O BASAPPA AT BASAVANNEPPA ADIN (CTP-3993) ON GENERAL PAROLE FOR A PERIOD OF 90 DAYS IN THE INTEREST OF JUSTICE AND ETC.,
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 brother-in-law of the convict, is before this Court seeking for the following reliefs: I. Issue a writ of certiorari and quash the impugned report bearing No.1320/r¹DgÀ©-6/¸ÁªÀiÁ£Àå ¥ÉgÀÆ® gÀeÉ/2025 dated 19.09.2025 issued by respondent No.2, vide Annexure-D; II. Direct the respondent No.2 to release petitioner’s brother-in-law i.e. convict namely Raju s/o Basappa at Basavanneppa Adin (CTP-3993) on general parole for a period of 90 days in the interest of justice; and
III. Grant such other relief’s that this Hon’ble Court deems fit to grant in the circumstances of the case, in the interest of justice and equity. 2. The convict-brother-in-law of the petitioner gets embroiled in a crime which results in his conviction for offences punishable under Sections 302, 324 and 504 read with Section 34 of the IPC. 3. The convict as on today completed 11 years 2 months 4 days of imprisonment, including the period of remission.
The imprisonment certificate appended to the petition
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HC-KAR NC: 2025:KHC-D:14954 WP No. 107973 of 2025
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, 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.3993) – Raju s/o Basappa at Basavanneppa Adin, 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.3993) 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.3993) would evade going back
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HC-KAR NC: 2025:KHC-D:14954 WP No. 107973 of 2025
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 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.: 191