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2025 DAILYLAW 62092 (KAR)

SMT MALANABI JAMADAR W/O MAHIBOOBSAB JAMADAR v. THE STATE OF KARNATAKA

WP/101009/2025 · 2025-09-08

Suraj Govindaraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:11457 WP No. 101009 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 8TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.101009 OF 2025 (GM-POLICE) BETWEEN: SMT. MALANABI JAMADAR W/O. MAHIBOOBSAB JAMADAR, AGE: 70 YEARS, R/AT. RAJIV GANDHI LAYOUT, MALAPNAHATTI ROAD, CHITRADURGA-577501. …PETITIONER (BY SRI. PRASANNAKUMAR P. DAROJI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY THE PRINCIPAL SECRETARY, HOME DEPARTMENT, VIDHANA SOUDHA, BENGALURU-560001. 2. THE LIFE CONVICTS PREMATURE RELEASE COMMITTEE, HOME DEPARTMENT, VIDHANA SOUDHA, BENGALURU-560001, REPRESENTED BY ITS CHAIRMAN. 3. THE DIRECTOR GENERAL OF POLICE PRISONS AND CORRECTIONAL SERVICES, NO. 9 SHESHADRI ROAD, GANDHI NAGAR, BENGALURU-560009. 4. THE SUPERINTENDENT CENTRAL PRISON, Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:11457 WP No. 101009 of 2025 DHARWAD-580008. …RESPONDENTS THIS WP IS FILED UNDER ORDER 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO; (A) ISSUE A WRIT, ORDER OR DIRECTION IN THE NATURE OF MANDAMUS TO THE RESPONDENTS TO BE PLEASED TO ACT IN STRICT COMPLIANCE OF THE NOTIFICATION BEARING NO. HD 119 PRA 2018, BENGALURU, DATED. 21.04.2020 PRODUCED AS ANNEXURE-A AND BE FURTHER PLEASED TO DIRECT THE PREMATURE RELEASE OF THE CONVICT PRISONER NO.4433 NAMELY SRI.BANDANAVAZ S/O MAHIBOOBSAB JAMADAR IN TERMS OF THE ANNEXURE-A; (B). ISSUE A WRIT, ORDER OR DIRECTION IN THE NATURE OR MANDAMUS TO THE RESPONDENT NO.4 TO RELEASE THE PRISONER NO.4433 NAMELY SRI.BANDANAVAZ S/O MAHIBOOBSAB JAMADAR ON PAROLE TILL THE DECISION OF THE GOVERNMENT FOR PREMATURE RELEASE IN THE INTEREST OF JUSTICE AND EQUITY; (C). PASS SUCH OTHER ORDERS/DIRECTIONS CONSIDERING THE FACTS AND CIRCUMSTANCES OF THE CASE TOGETHER AS TO COSTS IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR ORDERS 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. Issue a Writ, order or direction in the nature of mandamus to the Respondents to be pleased to act in strict compliance of the notification bearing no. HD 119 PRA 2018, Bengaluru, dated. 21.04.2020 produced as Annexure-A and be - 3 - HC-KAR NC: 2025:KHC-D:11457 WP No. 101009 of 2025 further pleased to direct the premature release of the convict Prisoner No. 4433 namely sri. Bandanavaz S/o Mahiboobsab Jamadar in terms of the Annexure-A. b. Issue a Writ, order or direction in the nature or mandamus to the Respondent no.4 to release the Prisoner No. 4433 namely Sri. Bandanavaz S/o Mahiboobsab Jamadar on parole till the decision of the Government for premature release in the interest of justice and equity. c. Pass such other orders/directions considering the facts and circumstances of the case together as to costs in the interest of justice. 2. A memo dated 13.08.2025 singed by learned counsel appearing for the petitioner, has been filed, which reads as under; “The Petitioner Submits that, the above petition filed by the Mother of the convict Before the High Court of Karnataka at Bengaluru, the Bengaluru Bench, on the basis of the Jurisdiction transfer this matter to Dharwad in the month of November. Meanwhile immediately the office was not transfer the matter to the Dharwad Bench, hence the Petitioner filed the Writ Petition No.107647/2024 before this Hon'ble Court which is disposed of this Hon'ble Court on dated: 20/12/2024 with direction of consider the convict representation. After the rejection of representation by the respondents the convict filed the W.P.No. 100282/2025, the Hon'ble Court consider the convict prayer and granted the premature release by this Hon'ble Court, the convict is the premature release are recommended to the - 4 - HC-KAR NC: 2025:KHC-D:11457 WP No. 101009 of 2025 board which is pending before the Governor of Karnataka. Hence, the Petitioner withdrawing this Petition, the Hon'ble Court may kindly be consider the same and permit to withdrawing the petition. In the interest of justice and equity.“ 3. Accepting the said memo and submission of the counsel for the petitioner, the petition is dismissed as withdrawn. 4. In view of disposal of the writ petition, pending interlocutory applications, if any, do not survive for consideration and are disposed of accordingly. Sd/- (SURAJ GOVINDARAJ) JUDGE AM CT:PA List No.: 1 Sl No.: 157