- 1 - HC-KAR NC: 2025:KHC-D:16898 WP No. 108064 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 1ST DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 108064 OF 2025 (GM-POLICE) BETWEEN: MR. ALLASHAH MASTANSAB SHAH, AGED MAJOR, OCC. PRISON, R/O. CTP NO.4423, CENTRAL PRISON, HINDALAGA, BELAGAVI-591108 AS PETITIONER IS IN CUSTODY, R/BY HIS WIFE, SMT. SHAHIN BEGUM W/O. ALLASHAH MASTANSAB SHAH AGED ABOUT 48 YEARS, R/AT MASUM PASHA COLONY, BHALKI, BIDAR-585 328. …PETITIONER (BY SRI. GIRISH M. PATIL, ADVOCATE) AND: 1. STATE OF KARNATAKA, R/BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF LAW, JUSTICE AND HUMAN RIGHTS, BENGALURU – 560 001. 2. STATE OF KARNATAKA, R/BY ITS UNDER SECRETARY, DEPARTMENT OF HOME, PRISON AND CINEMA, BENGALURU – 560 001. 3. THE DIRECTOR GENERAL POLICE AND INSPECTOR GENERAL OF PRISONS SHESHADRI ROAD, BENGALURU – 560 001. 4. THE CHIEF SUPERINTENDENT OF CENTRAL PRISONS CENTRAL JAIL, HINDALAGA, BELAGAVI – 591 108. …RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, AGA FOR RESPONDENT/STATE) Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:16898 WP No. 108064 of 2025 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 OR ORDER AS PER ANNEXURE-E THE ORDER DATED 10.10.2025 BEARING NO. KEKABE/JC2/PAROLE/2025-26 AS ISSUED BY RESPONDENT NO.4 AND DIRECT THE RESPONDENT NO.4 TO CONSIDER THE REQUEST MADE BY THE PETITIONER TO EXTEND REMISSION AND TO RELEASE HIM ON GENERAL PAROLE FOR A PERIOD OF 90 DAYS FROM CENTRAL PRISON, BELAGAVI IN ACCORDANCE WITH LAW 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 is before this Court seeking the following prayer: “I. Issue Writ of Mandamus or any other appropriate writ or order as per Annexure-E the Order dated 10.10.2025 bearing no. KEKABE/JC2/PAROLE/2025- 26 as issued by Respondent no.4 and direct the respondent no.4 to consider the request made by the Petitioner to extend remission and to release him on General Parole for a period of 90 days from Central Prison, Belagavi in accordance with law. II. Issue any other Writ Order or Direction that deems fit to grant in the circumstances of the case in the interest of justice and equity.” 2. The petitioner is the convict. The petitioner gets convicted for offences punishable under Section 302 of the IPC in Spl. C. 324 of 2017. The petitioner had approached this Court in Writ Petition No.26315 of 2024 seeking his release on parole. - 3 - HC-KAR NC: 2025:KHC-D:16898 WP No. 108064 of 2025 The Coordinate Bench of this Court grants parole by the following order: “Heard the learned counsel for the petitioner and the learned Additional Government Advocate for the respondent-State. 2. The petitioner who is convicted for the offence punishable under Section 302 read with Section 34 of IPC and sentenced to undergo life imprisonment is before this Court seeking for a directive to release him on parole citing illness of his daughter as stated below: "Multiple discrete and confluent centrilobular nodules with adjacent GGOs densities are seen in anterior segment of right upper lobe, apico-posterior segment of left upper lobe, superior segment left lower lobe and lingual. Segmental and subsegmental area of consolidation with cavitatory changes within with adjacent GGOs density are seen in apical segment of right upper lobe and superior segment left lower lobe. Few subcum sized lymph nodes are seen in pretracheal, paratracheal, precarinal and prevascular groups." 3. The petitioner states that his presence is required to provide support, care and treatment to his daughter who is suffering from illness. The petitioner has served 7 years of sentence and on earlier occasion he was not released on parole 4. Given these circumstances, the petitioner has established a prima facie case to release him on parole. Accordingly, I pass the following: ORDER a. The Writ Petition is allowed. - 4 - HC-KAR NC: 2025:KHC-D:16898 WP No. 108064 of 2025 b. The endorsement rejecting the parole of the petitioner at Annexure-A is hereby quashed. c. Respondent No.2 is directed to release the convict CTP No.4423 on parole for a period of 90 days from the date of release, subject to petitioner undertaking not to involve in unlawful activities during the period of parole. d. Respondent No.2 shall impose strict conditions as are usually stipulated to ensure the return of the detenue to the jail and the convict shall not commit any other offence during the period of parole. e. Violation of any of the parole conditions would result in cancellation of parole. f. Liberty is reserved with the petitioner to seek extension of parole, if permissible in law. g. The Registry is directed to communicate this order to prison authorities, by way of electronic mail, forthwith.” 3. The convict after expiry of the term as is found in the aforementioned order returns to his gaol. The petitioner submits a representation seeking his release on parole, on the score that the daughter of the petitioner is suffering from hypertension. The imprisonment certificate appended to the petition does not demonstrate any overt act or any adverse entry in the said certificate while the petitioner is in prison. 4. In that light, I deem it appropriate to permit the convict to be released on parole for a period of forty five days, - 5 - HC-KAR NC: 2025:KHC-D:16898 WP No. 108064 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.4 to consider the representation of the petitioner and release the convict (CTP No.4423) – Allashah s/o Mastansab Shah, on general parole for a period of forty five 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. 4423) 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. 4423) would evade going back to the gaol, after the expiry of the period of general parole. (ii) Respondent No.2 shall stipulate strict conditions as are usually stipulated, to ensure return of the convict to the gaol - 6 - HC-KAR NC: 2025:KHC-D:16898 WP No. 108064 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.: 154