- 1 - HC-KAR NC: 2025:KHC-D:15210 WP No. 108276 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. 108276 OF 2025 (GM-POLICE) BETWEEN: AFIYA MULLA D/O. BASHIR AHMED MULLA, AGED ABOUT 39 YEARS, W/O. CONVICT PRISONER MANJUR ALI CTP-4129 R/O. 323 ANAND GALLI, LONDA, SUB DISTRICT: HUKKERI, DIST: BELGAVI, KARNATAKA-591301. …PETITIONER (BY SRI. SIRAJUDDIN AHMED, ADVOCATE) AND: 1. STATE OF KARNATAKA HOME DEPARTMENT THROUGH PRINCIPAL SECRETARY VIDHANA SOUDHA, BENGALURU-560001. 2. CHIEF SUPERINTENDENT CENTRAL PRISON BELGAVI 591108 3. SHO SADARBAZAR P.S (RAICHUR) KARNATAKA-584101 (JURISDICTIONAL POLICE STATION) …RESPONDENTS (BY SRI.T. HANUMAREDDY, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NO.2 TO RELEASE THE PETITIONER S HUSBAND MANJUR ALI CTP-4129 ON GENERAL PAROLE FOR A PERIOD OF 90 DAYS IN ORDER TO RENOVATE THE HOUSE, PARTICIPATE IN FAMILY MARRIAGE SCHEDULED ON 16/11/2025 AND TO MAINTAIN SOCIAL VISHAL NINGAPPA PATTIHAL Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka Dharwad Bench Date: 2025.11.07 11:53:51 +0530 - 2 - HC-KAR NC: 2025:KHC-D:15210 WP No. 108276 of 2025 TIES WITH THE FAMILY AND TO SAVE HIMSELF FROM EVIL EFFECTS DUE TO LONG INCARCERATION. THIS PETITION, COMING ON FOR PRELIMINARY HEARING B GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioner, wife of the convict, has approached this Court seeking the grant of parole. 2. The husband of the petitioner gets convicted for an offence punishable under Section 302 of the IPC. The petitioner had approached this Court in Writ Petition No.100608 of 2025 seeking release of her husband on parole. 3. This Court grants parole by the following order: “1. The petitioner's husband viz: Manjurali (CTP No.4129) is convicted for the offence punishable under Section 320 of the Indian Penal Code, 1860 and sentenced to undergo life imprisonment. The petitioner asserts that her husband is in judicial custody since eight years. 2. Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the State. 3. The petitioner has filed this petition seeking for a direction to release her husband on parole stating that his sister is suffering from - 3 - HC-KAR NC: 2025:KHC-D:15210 WP No. 108276 of 2025 terminal disease, and her husband’s support is required to provide further treatment to his ailing sister. 4. Given these circumstances, the reasons assigned seeking parole satisfies the grounds enumerated in Section 643 of Prison Act which deals with eligibility of emergency parole. Therefore, the petitioner has established a prima facie case for release of her husband on parole. Accordingly, I pass the following: ORDER (1) The petition is allowed in part. (2) Mandamus issues to the respondents to consider the case of the petitioner and release the detenue / Manjurali (CTP No.4129) on general parole for 45 days commencing from 21.02.2025, which becomes operational from the forenoon of 21.02.2025 subject to the following conditions: (i) The convict (CTP No.4129) 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.4129) would evade going back to the gaol, after the expiry of the period of general parole. (ii) Respondent No.2 shall stipulate strict conditions as are usually stipulated, to ensure return of the detenue to the gaol and that he shall not commit any other offence during the period of parole. - 4 - HC-KAR NC: 2025:KHC-D:15210 WP No. 108276 of 2025 (3) The petitioner is at liberty to seek extension of parole, which shall be considered looking at the conduct of the husband of the petitioner – convict while he is out on parole. (4) The registry is directed to communicate the order to the prison authority for its execution.” 4. The convict after expiry of the term as is found in the aforementioned order returns to his gaol and there is no adverse remark before the prison authorities. Therefore, I deem it appropriate to permit the convict 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.2 to consider the representation of the petitioner and release the convict (CTP No.4129) – Manjur Ali s/o Nadeem Sab 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: - 5 - HC-KAR NC: 2025:KHC-D:15210 WP No. 108276 of 2025 (i) The convict (CTP No.4129) 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.4129) 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 AC CT:ANB List No.: 1 Sl No.: 46