- 1 - HC-KAR NC: 2025:KHC-D:15100 WP No. 107661 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 5TH DAY OF NOVEMBER 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 107661 OF 2025 (GM-POLICE) BETWEEN: KALAVATI KALLAPPA OLEKAR W/O. KALLAPPA OLEKAR, MOTHER OF CONVICT KUMARA VAJRAKUMARA, CTP NO 5043, AGED ABOUT 61 YEARS, R/O. KALAGHATAGI ROAD, VTC AND PO HIREHONNIHALLI, SUB DISTRICT KALAGHATAGI, DIST: DHARWAD, KARNATAKA -560 001. …PETITIONER (BY SRI. UMME SALMA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, HOME DEPARTMENT, THROUGH PRINCIPAL SECRETARY, VIDHANA SOUGHA, BENGALURU – 560 001. 2. THE CHIEF SUPERINTENDENT, CENTRAL PRISON, DHARWAD-580 008. …RESPONDENTS (BY SRI. T. HANUMAREDDY, AGA FOR RESPONDENT/STATE) 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 PETITIONERS SON, CONVICT, NAMELY KUMARA VAJRAKUMAR S/O. KALLAPPA OLEKAR (CTP-5043), ON GENERAL PAROLE FOR A PERIOD OF 90 DAYS IN THE INTEREST OF JUSTICE AND ETC., Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:15100 WP No. 107661 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 mother of the convict is at the doors of this Court seeking release of her son on grant of parole. 2. Heard the learned counsel for the petitioner and the learned AGA for the respondents. 3. The convict – son of the petitioner gets embroiled in a crime and is tried in S.C.No.05/2016 for the offences punishable under Sections 302, 143, 147, 148 and 341 of the IPC. He is sentenced in terms of the judgment of the concerned Court date 18.04.2016. The convict files an application before the jail authorities of Central Jail Dharwad, 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 the enlargement of her son – the convict on general parole, on the ground that the convict’s father is paralyzed and the convict is required for cultivation of their land. - 3 - HC-KAR NC: 2025:KHC-D:15100 WP No. 107661 of 2025 4. The learned counsel to the petitioner projects that all the co-accused in the same crime have all been granted parole on completion of 2 years and 5 months of imprisonment. The counsel for the petitioner takes this Court to the imprisonment certificate appended to the petition, which does demonstrate that the convict has been in prison for over 2 years and 2 months and that the conduct of the convict in prison is satisfactory. This is the first time the convict - son of the petitioner is availing parole is the submission of the learned counsel appearing for the petitioner. 5. 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. 6. In that light, I deem it appropriate to grant the son of the petitioner parole for a period of thirty days reserving liberty to seek extension, based on the conduct of the convict - son of the petitioner while on parole. 7. For the aforesaid reasons, the following: - 4 - HC-KAR NC: 2025:KHC-D:15100 WP No. 107661 of 2025 ORDER i. The Writ Petition is allowed in part. ii. Mandamus issues to respondent No.2 to consider the application of the convict and release the convict (CTP No.5043) – Kumara Vajrakumara Kallappa Olekar, 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: a. The convict (CTP No.5043) 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.5043) would evade going back to the gaol, after the expiry of the period of general parole. b. 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. c. The petitioner is at liberty to seek extension of parole which shall be considered looking at the - 5 - HC-KAR NC: 2025:KHC-D:15100 WP No. 107661 of 2025 conduct of the convict while he is out on parole. d. The registry is directed to communicate the order to the prison authority for its execution. Sd/- (M.NAGAPRASANNA) JUDGE kmv CT-ASC