- 1 - HC-KAR NC: 2025:KHC-D:15187 WP No. 106852 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. 106852 OF 2025 (GM-POLICE) BETWEEN: SHEELA BALEGAR W/O. CONVICT MUTTAPPA @ SURESH (CTP-4327) S/O. LATE PRABHAKAR BALIGAR, AGED ABOUT 38 YEARS, R/O: J. P. NAGARA KATHTHALE BAJAR, 4TH CROSS, SAGAR, SHIMOGA DISTRICT, KARNATAKA – 577 401. …PETITIONER (BY SRI. UMME SALMA, ADVOCATE) AND: 1. THE UNION OF INDIA, THROUGH ITS SECRETARY MINISTRY OF HOME AFFAIRS, GOVERNMENT OF INDIA, NORTH BLOCK, NEW DELHI – 110 001. 2. THE STATE OF KARNATAKA, HOME DEPARTMENT, THROUGH PRINCIPAL, SECRETARY VIDHAN SOUDHA, BANGALORE – 560 001. 3. THE CHIEF SUPERINTENDENT, CENTRAL PRISON, P. B. ROAD, DHARWAD – 580 008. 4. THE LIFE CONVICTS RELEASE COMMITTEE, R/BY ITS CHAIRMAN AND PRINCIPAL SECRETARY, HOME DEPARTMENT, VIDHANA SOUDHA, BANGALORE – 560 001. 5. THE DIRECTOR GENERAL OF POLICE, PRISONS AND CORRECTIONAL SERVICES, SHESHADRI ROAD, BANGALORE – 560 001. …RESPONDENTS (BY SRI. T. HANUMAREDDY, AGA FOR R2 TO R5; SRI. M.B.KANAVI, CGSC, ADVOCATE FOR R1) VISHAL NINGAPPA PATTIHAL Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka Dharwad Bench Date: 2025.11.07 11:53:47 +0530 - 2 - HC-KAR NC: 2025:KHC-D:15187 WP No. 106852 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NO. 2 AND 3 TO CONSIDER FOR PREMATURE RELEASE OF THE PETITIONER’S S HUSBAND NAMELY MUTTAPPA @ SURESH (CTP 4327) S/O LATE PRABHAKAR BALIGAR AND MAY BE ENLARGED/RELEASE THE CONVICT PREMATURELY IN THE INTEREST OF JUSTICE 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, who is the wife of the convict, is before this Court seeking for the following reliefs: A. Direct the Respondent No. 2 and 3 to Consider for Premature release of the Petitioner’s husband namely Muttappa @ Suresh (CTP 4327) S/o Late Prabhakar Baligar and may be Enlarged/Release the Convict Prematurely in the Interest of justice. B. Pass any other order(s) which this court may deem fit and proper under the facts circumstances of the case, in the interest of justice. 2. The petitioner also seeks for the following interim reliefs: (a) Direct the Respondent No.2 to release the Petitioner's husband namely Muttappa @ Suresh (CTP-4327) S/o Late Prabhakar Baligar on General parole for a period of 90 days in the Interest of Justice. (b) Pass any other order(s) which this court may deem fit and proper under the facts and circumstances of the case, in the interest of justice. - 3 - HC-KAR NC: 2025:KHC-D:15187 WP No. 106852 of 2025 3. Heard the learned counsel for the petitioner and the learned AGA for the respondents. 4. The convict-husband of the petitioner gets embroiled in a crime which results in his conviction for offences punishable under Sections 302, 353, 326, 506(2), 120(B) read with Section 34 of the IPC. The convict files an application before the respondent - jail authorities, seeking general parole, which comes to be rejected. The petitioner after the said denial of the application, is knocking at the doors of this Court seeking enlargement of her husband – the convict on general parole, on the ground that the petitioner is suffering from coronary artery disease and requires her husband-convict for her medical treatment. 5. The learned counsel for the petitioner submits that as per the imprisonment certificate, the convict – husband of the petitioner has been in prison for over 15 years and 9 months and that the conduct of the convict in prison is satisfactory. This is the first time the convict - husband of the petitioner is availing parole is the submission of the learned counsel appearing for the petitioner. - 4 - HC-KAR NC: 2025:KHC-D:15187 WP No. 106852 of 2025 6. The learned AGA would not dispute the position that the conduct of the convict in the prison has been good in terms of the imprisonment certificate. 7. In that light, I deem it appropriate to permit the convict (CTP No. 4327) to be released on parole for a period of thirty 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 in part. (2) Mandamus issues to respondent No.3 to consider the representation of the petitioner and release the convict (CTP No.4327) – Muttappa @ Suresh, on general parole for a period of thirty 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.4327) 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 - 5 - HC-KAR NC: 2025:KHC-D:15187 WP No. 106852 of 2025 (CTP No.4327) would evade going back to the gaol, after the expiry of the period of general parole. (ii) Respondent No.3 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 convict (CTP No. 4327) 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/CT-ASC List No.: 1 Sl No.: 28