- 1 - HC-KAR NC: 2025:KHC-D:17208 WP No. 109190 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 3RD DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 109190 OF 2025 (GM-POLICE) BETWEEN: SMT. ANNAPURNA W/O. SHRISHAIL GANIGER WIFE OF CONVICT SHRISHAIL S/O. MADIVALAPPA GANIGER (CTP 5235), AGED ABOUT 35 YEARS, OCC. HOUSE WORK, R/O. BENAKANAVAR ONI, SHIRUR, TQ. NAVALGUND, DIST. DHARWAD, KARNATAKA – 581 201. …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 DIRECTOR GENERAL, PRISONS AND CORRECTIONAL DEPARTMENT, NO.4, SHESHADRI ROAD, GANDHINAGAR, BENGALURU 560 009. 3. THE CHIEF SUPERINTENDENT, CENTRAL PRISON, P B ROAD, DHARWAD 580 008. 4. THE POLICE INSPECTOR, TOWN POLICE STATION, DHARWAD 580 001. …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 ENDORSEMENT ISSUED BY THE RESPONDENT NO.3 BEARING NO.KE.KA.DHA/NYAVI-2/2586/2025-26 DATED 26.11.2025 I.E. VIDE ANNEXURE-D. AND B. AND DIRECT TO Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:17208 WP No. 109190 of 2025 THE RESPONDENT NO.3 TO RELEASE THE PETITIONERS’ HUSBAND, CONVICT NAMELY SHRISHAIL S/O MADIVALAPPA GANIGER (CTP-5235) 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: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioner is before this Court seeking the release of the husband of the petitioner on grant of parole. The husband of the petitioner is a convict, who gets convicted for an offence punishable under Sections 302, 307 and 506 of the IPC and Section 25 of the Arms Act. 2. The petitioner’s husband has been in custody for a period of 5 years and 7 months and has not sought parole till date. 3. The learned AGA, on instruction, submits that the petitioner’s husband is involved in another case, being tried in C.C.No.188/2024 and therefore, parole should not be granted. The submission of the learned AGA, though at the first flush become acceptable, would not be an impediment for grant of parole for the reason that the parole is being sought for the first time and for harvesting the crops on the petitioner’s land. - 3 - HC-KAR NC: 2025:KHC-D:17208 WP No. 109190 of 2025 4. The imprisonment certificate also does not indicate anything adverse against the petitioner’s husband except pendency of the second case. 5. In that light, 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.3 to consider the representation of the petitioner and release the convict (CTP No.5235) – Shrishail S/o Madivalappa Ganiger, 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.5235) 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 - 4 - HC-KAR NC: 2025:KHC-D:17208 WP No. 109190 of 2025 (CTP No.5235) 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 RHR/CT-ASC List No.: 1 Sl No.: 94