- 1 - HC-KAR NC: 2025:KHC-D:14041 WP No. 106065 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. 106065 OF 2025 (GM-POLICE) BETWEEN: SRI SHIVAKUMAR @ SHIVAMURTHY S/O. KANTHARAJU, AGED ABOUT 40 YEARS, CURRENTLY SERVING SENTENCE IN CENTRAL PRISON, BELAGAVI, IN CTP NO. 3335 SINCE THE PETITIONER I JUDICIAL CUSTODY REP. HIS MOTHER SMT. KEMPAMMA W/O. KANTHARAJU. …PETITIONER (BY SRI. PRATHAP S. S., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HOME, VIDHAN SOUDHA, BENGALURU – 560 001. 2. THE DIRECTOR GENERAL OF POLICE, PRISONS AND CORRECTIONAL SERVICE SESHADRI ROAD, BENGALURU 560 003. 3. THE CHIEF SUPERINTENDENT, CENTRAL PRISON, BELAGAVI 591 108. 4. THE SUPERINTENDENT OF POLICE, RAMANAGARA DISTRICT, RAMANAGARA – 562 159. …RESPONDENTS (BY SRI. V.S.KALASURMATH, AGA FOR R1 TO R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT, ORDER OR DIRECTION IN THE NATURE OF CERTIORARI TO QUASH THE COMMUNICATION DATED 23-07-2025 VIDE NO. RR/PS/ PAROLE/ Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:14041 WP No. 106065 of 2025 03/2024 ISSUED BY THE RESPONDENT NO.5 PRODUCED AS ANNEXURE-C. ISSUE A WRIT ORDER OR DIRECTION IN THE NATURE OF MANDAMUS TO THE RESPONDENTS TO GRANT OF GENERAL PAROLE FOR A PERIOD OF 90 DAYS 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 was convicted for the offence punishable under section 376, 366 and 302 of IPC and sentenced to life imprisonment. 2. This petition is filed by the petitioner, represented by his mother, seeking parole on the ground that his mother is suffering from uncontrolled hypertension and diabetes mellitus and it may lead to cardiovascular complications and thus she need to take rest, treatment and care from her son. The petitioner’s grievance is that he is in judicial custody for more than 19 years 3 months and 9 days and because of ill-health of his mother, he is required to attend his mother and take her for further treatment. - 3 - HC-KAR NC: 2025:KHC-D:14041 WP No. 106065 of 2025 3. The petitioner represented by his mother had approached this Court in WP. No.29297/2024 seeking his release on parole. The Coordinate Bench of this Court grants parole by the following order: “The petitioner's son viz., Shivakumar @ Shiva @ Shivamurthy CTP.No.3335 has been convicted of an offence punishable under Sections 376, 366, 302 of the Indian Penal Code (IPC) and sentenced to undergo life imprisonment. 2. The petitioner is seeking for a direction to the respondents to release her son on parole citing that, petitioner is suffering from uncontrolled Hypertension, Diabetes Millitus which may lead to cardiovascular complication at any time and convicts presence is also necessary to ensure proper treatment for his mother. The petitioner's son is in judicial custody for more than 18 years and 8 months. Therefore, the petitioner has established a prima facie case to release him on parole. 3. Accordingly, I pass the following; ORDER i. Writ petition is allowed. ii. The respondents are here by directed to release the petitioner's son viz., Shivakumar @ Shiva @ Shivamurthy CTP.No.3335 on parole for the period of 90 days from the date of his release. iii. The respondents are at liberty to impose such conditions as are normally stipulated to ensure the return of the convict to the prison. iv. Violation of any of the parole conditions would result in cancellation of parole automatically. v. Registry to communicate this order to the jail authorities through electronic mail.” - 4 - HC-KAR NC: 2025:KHC-D:14041 WP No. 106065 of 2025 4. The convict after expiry of the term as is found in the aforementioned order returns to his gaol and there is no adverse remarks before the prison authority. 5. In the present case, the petitioner is in judicial custody for more than nineteen years and the medical certificate produced reflects that his mother is suffering from ill-health, which is not disputed by the respondent- State. Having regard to the medical condition of the mother of the petitioner, it would be appropriate to direct respondent No.5 to release the petitioner on parole. 6. In view of the above, the writ petition is disposed of directing respondent No.5 to release the petitioner on parole for a period of 60 days commencing from the date of receipt of certified copy of this order. Respondent No. 5 shall stipulate strict conditions as are usually stipulated to ensure the return of petitioner to the jail and that he shall not commit any other offence. 7. Accordingly, the petitioner shall be released on parole, subject to the following conditions: - 5 - HC-KAR NC: 2025:KHC-D:14041 WP No. 106065 of 2025 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.3335) – Sri.Shivakumar @ Shivamurthy S/o Kanthraju 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.3335) 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.3335) 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 and that he shall not commit any other offence during the period of parole. - 6 - HC-KAR NC: 2025:KHC-D:14041 WP No. 106065 of 2025 (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 AC/CT-ASC List No.: 1 Sl No.: 72