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2025 DAILYLAW 62424 (KAR)

MISS NAYEEM KHANUM D/O MAHABOOB KHAN v. THE STATE OF KARNATAKA

WP/108104/2025 · 2025-11-03

M Nagaprasanna

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC-D:14888 WP No. 108104 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. 108104 OF 2025 (GM-POLICE) BETWEEN: MISS. NAYEEM KHANUM D/O. MAHABOOB KHAN, FAINCEE OF CONVICT SHEK RIYAZ AHMED S/O. ABDUL SAMAD (CTP-4328), AGE. 38 YEARS R/O: 3RD CROSS, MASJID ROAD, GOWDARAHALLI PO, BHADRAVATI, DIST. SHIMOGA. …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. …RESPONDENTS (BY SRI. T. HANUMAREDDY, AGA) 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 ENDORSEMENT BEARING NO.KE.KA.DHA/NYAVI-2/2301/2025-26 DATED 25-10-2025 SUBMITTED BY THE RESPONDENT NO.2 VIDE ANNEXURE-E. AND DIRECT RESPONDENT NO.2 TO RELEASE THE CONVICT NAMELY SHEIK RIYAZ AHMED S/O. ABDUL SAMAD (CTP-4328) 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: Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:14888 WP No. 108104 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioner is said to be the fiancée of the convict. She wants to get married to the convict. This Court, on an earlier occasion, had granted parole to the convict on a petition filed by his brother for the purpose of the engagement ceremony. The convict has been in prison for the last 14 years and has availed parole on several occasions. The offences alleged are punishable under Section 302, 326 and 323 of the IPC. In the light of the earlier grant of parole for the engagement ceremony, and considering that the fiancée is seeking release of the convict of parole for the marriage, which is slated to be performed on 06.12.2022, I deem it appropriate to grant parole to the convict for a period of 60 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. (2) Mandamus issues to respondent No.2 to consider the representation of the petitioner and release the convict (CTP No.4328) – Sheik Riyaz Ahmed S/o. Abdul, on general parole for - 3 - HC-KAR NC: 2025:KHC-D:14888 WP No. 108104 of 2025 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.4328) 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.4328) 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. (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 VNP / CT-ASC List No.: 1 Sl No.: 132