- 1 - HC-KAR NC: 2025:KHC-D:15181 WP No. 106069 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 6TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 106069 OF 2025 (GM-POLICE) BETWEEN: SRI. JYOTHIBA S/O. VITHAL KAMKAR, AGED ABOUT 45 YEARS, R/AT VARDAPPA GALLI, KHASBAG, BELAGAVI-590003 CURRENTLY SERVING SENTENCE IN CENTRAL PRISON, BELAGAVI. …PETITIONER (BY SRI. PRATHAP S S, AGA) AND: 1. THE UNION OF INDIA REP. BY THE UNDER SECRETARY (JUDICIAL WING) GOVERNMENT OF INDIA MINISTRY OF HOME AFFAIRS HALL NO.17, 2ND FLOOR, MAJOR DHYAN CHAND NATIONAL STDIUM INDIA GATE, NEW DELHI 110002. 2. THE STATE OF KARNATAKA BY THE PRINCIPAL SECRETARY HOME DEPARTMENT, VIDHAN SOUDHA BENGALURU 560001. 3. THE DIRECTOR GENERAL OF POLICE PRISONS AND CORRECTIONAL SERVICES NO.9, SHESHADRI ROAD, GANDHI NAGAR, BENGALURU 560009. 4. THE CHIEF SUPERINTENDENT VISHAL NINGAPPA PATTIHAL Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka Dharwad Bench Date: 2025.11.07 11:53:45 +0530 - 2 - HC-KAR NC: 2025:KHC-D:15181 WP No. 106069 of 2025 CENTRAL PRISON BELAGAVI 591108 …RESPONDENTS (BY SRI. T. HANUMAREDDY, AGA FOR R2 TO R4; SRI. M.B. KANAVI, CGSC FOR R1) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO: a) ISSUE A WRIT, ORDER OR DIRECTION IN THE NATURE OF MANDAMUS TO THE RESPONDENT NO.1 TO TAKE A DECISION ON THE RECOMMENDATION MADE BY THE STATE GOVERNMENT DATED 01.04.2023 PRODUCED AS ANNEXURE-E. b) ISSUE A WRIT, ORDER OR DIRECTION IN THE NATURE OF MANDAMUS TO THE RESPONDENT TO RELEASE THE PETITIONER ON PAROLE TILL THE 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.INTERIM PRAYERPENDING DISPOSAL OF THE ACCOMPANYING WRIT PETITION, IT IS MOST HUMBLY PRAYED THAT THIS HONBLE COURT BE PLEASED TO DIRECT THE RESPONDENTS NO.4 TO RELEASE THE PETITIONER ON PAROLE PENDING DISPOSAL OF THIS WRIT PETITION IN THE INTEREST OF JUSTICE AND EQUITY. 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-convict is before this Court seeking premature release on the ground that the recommendation made in his name by the State Government to the Central Government is pending consideration. The petitioner gets embroiled in a crime is SC No. 49/2005 and gets convicted for offences - 3 - HC-KAR NC: 2025:KHC-D:15181 WP No. 106069 of 2025 punishable under Sections 143, 147, 148 and 302 of IPC read with Section 3(2)(5) of the SC/ST Act, 1989. He has been in prison for the last 19 years. The case of the petitioner’s has been recommended for premature release and is now pending before the Government of India to pass necessary orders thereon. 2. In identical circumstances, the Co-ordinate Bench of this Court in WP No. 33939 of 2024 disposed on 16-12-2024 granted parole till the Government of India decides on the recommendations. The Co-ordinate Bench held as follows: “Learned AGA accepts notice for respondents. 2. This Court, in WP No. 20797/2024, had granted parole to the petitioners for a period of 90 days, citing that the recommendation made by the State Government to the Central Government for the premature release of the petitioners is pending consideration. As of today, the Central Government has not taken any decision on the recommendation made by the State Government regarding the premature release of the petitioners. In view of the guidelines issued by the Hon’ble Supreme Court in the case of Rashidul Jafar @ Chota Vs. State of Uttar Pradesh & Anr., the petitioners are entitled to an extension of parole. 3. Accordingly, I pass the following; ORDER (i) Petition is allowed. (ii) The respondents are hereby directed to release the petitioner till the Central Government considers the case of the petitioner for prematurely release following the recommendation made by the government vide order dated 01.04.2023 at Annexure L. - 4 - HC-KAR NC: 2025:KHC-D:15181 WP No. 106069 of 2025 (iii) Violation of any of the parole conditions would result in cancellation of parole automatically. (iv) Registry to communicate this order to the jail authorities through electronic mail.” (Emphasis supplied) 3. In the light of the issue standing answered by the Co-ordinate bench in the aforequoted order and the name of the petitioner being recommended for premature release which is pending passage of an order by the Government of India, I deem it appropriate to permit the petitioner – convict (CTP-583) 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, subject to reserving liberty to seek its extension on the following conditions. Accordingly, the following: ORDER (1) The Writ Petition is allowed. (2) Mandamus issues to respondents to consider the representation of the petitioner- convict and release the convict (CTP – 583) – Jyotiba S/o Vithal Kamar, 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: - 5 - HC-KAR NC: 2025:KHC-D:15181 WP No. 106069 of 2025 (i) The convict (CTP – 583) 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 – 583) would evade going back to the gaol, after the expiry of the period of general parole. (ii) Respondent No.4 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 – convict (CTP – 583) 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 RHR/- List No.: 1 Sl No.: 26