SARIKA SHINGE D/O BABASAHEB HADIMANI,W/O HANUMANTHA v. THE DIRECTOR GENERAL OF POLICE
WP/109023/2025 · 2025-12-01
M Nagaprasanna
body2025
DailyLaw.ai
[ 2025 DAILYLAW 65449 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 65449 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC-D:16799 WP No. 109023 of 2025
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 1ST DAY OF DECEMBER 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 109023 OF 2025 (GM-POLICE) BETWEEN:
SARIKA SHINGE D/O. BABASAHEB HADIMANI W/O. HANUMANTHA, AGED ABOUT 41 YEARS, R/O AT BADAGI ATHANI TALUK, BELAGAVI - 591 248, THE PETITIONER IS THE SISTER OF CONVICT PRISONER NO 6218 SHEKHAR S/O BABASAHEB HADAIMANI WHO IS LODGED IN CENTRAL PRISON, VIJAYAPUR. …PETITIONER (BY SRI. PRATHAP S. S., ADVOCATE)
AND:
1.
THE DIRECTOR GENERAL OF POLICE, PRISONS AND CORRECTIONAL SERVICES, SESHADRI ROAD, BENGALURU – 560 003.
2.
THE SUPERINTENDENT, CENTRAL PRISON, VIJAYAPURA – 586 103.
3.
THE SUPERINTENDENT OF POLICE, VIJAYAPURA DISTRICT, VIJAYAPURA – 586 101. …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 ORDER OR DIRECTION IN THE NATURE OF MANDAMUS TO THE 2ND RESPONDENT TO RELEASE THE CONVICT PRISONER NO 6218 SHEKAR S/O BABASAHEB HADIMANI ON GENERAL PAROLE FOR A PERIOD OF 90 DAYS AND ETC.,
VISHAL NINGAPPA PATTIHAL Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka Dharwad Bench Date: 2025.12.02 11:53:26 +0530
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HC-KAR NC: 2025:KHC-D:16799 WP No. 109023 of 2025
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 following prayer: A. Issue a Writ order or direction in the nature of mandamus to the 2nd Respondent to release the Convict prisoner No. 6218 Shekar S/o Babasaheb Hadimani on general parole for a period of 90 days.
B. Pass such other orders/directions considering the facts and circumstances of the case together as to costs in the interest of justice.
2. The petitioner is the sister of convict. The brother of the petitioner gets convicted for an offence punishable under Section 302 of the Indian Penal Code and is now in the prison for last 8 years 10 months and 14 days.
3.
Learned counsel for the petitioner takes this Court through the imprisonment certificate which does not indicate anything adverse against the convict.
4. Learned AGA would submit that the recommendation being not to release the convict on parole, and would further
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HC-KAR NC: 2025:KHC-D:16799 WP No. 109023 of 2025
submit that this is the first time that the convict is seeking parole.
5. In that light, I deem it appropriate to grant the petitioner parole for a period of sixty days.
6. Accordingly, the following:
ORDER (1) The Writ Petition is allowed in part. (2) Mandamus issues to respondent No.2 to consider and release the convict prisoner No.6218 Shekar s/o Babasaheb Hadimani, 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: (i) The convict (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 would evade going back to the gaol, after the expiry of the period of general parole. (ii) Respondents shall stipulate strict conditions as are usually stipulated, to ensure return of the convict to the gaol and that he shall not
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HC-KAR NC: 2025:KHC-D:16799 WP No. 109023 of 2025
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. The registry is directed to communicate the order to the prison authority for its execution.
Sd/- (M.NAGAPRASANNA) JUDGE
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