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2025 DAILYLAW 65656 (KAR)

CHAYA IRANNA HALAKATTI v. STATE OF KARNATAKA

WP/101435/2025 · 2025-08-18

Suraj Govindaraj

Transfer Petitionbody2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:10362 WP No. 101435 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 18TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 101435 OF 2025 (GM-RES) BETWEEN: CHAYA IRANNA HALAKATTI C/O. IRANNA R. HALAKATTI, AGED ABOUT 31 YEARS, R/AT. NO.181/9, NAVALURU AGASI, DHARWAD TALUK AND DISTRICT -580004. …PETITIONER (BY SRI. PRASANNAKUMAR P DAROJI., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARIAT, DEPARTMENT OF HOME, VIDHANA SOUDHA, BENGALURU-560001. 2. THE CHIEF SUPERINTENDENT CENTRAL PRISON, DHARWAD, P. B. ROAD, DHARWAD-580008. …RESPONDENTS (BY SRI. SHARAD V. MAGADUM., AGA FOR R1 & R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT IN THE NATURE OF MANDAMUS BY DIRECTING THE 2ND RESPONDENT TO RELEASE THE PRISONER ON PAROLE FOR 90 DAYS TO THE PRISONER (CTP NO.4546) IRANNA S/O BASAVARAJ KAMMAR ALIAS VEERESH, IN THE INTEREST OF JUSTICE AND ETC., GIRIJA A. BYAHATTI Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench Date: 2025.08.19 15:27:48 +0530 - 2 - HC-KAR NC: 2025:KHC-D:10362 WP No. 101435 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 SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking for the following reliefs: i. Issue a writ in the nature of mandamus by directing the 2nd Respondent to release the prisoner on parole for 90 days to the prisoner (CTP No.4546) Iranna S/o Basavaraj Kammar @ Veeresh, in the interest of justice. ii. Issue such other suitable order/s or directions as this Hon’ble Court deems fit and proper in the nature and circumstances of the case, in the interest of justice and equity. iii. Pass such other orders or direction as this Hon’ble Court deems just and proper under the facts and circumstances of the case, in the interest of justice and equity. 2. The petitioner is a sister of the Prisoner namely Iranna S/o. Basavaraj Kammar @ Veeresh (CTP No.4546), who had been sentenced to imprisonment for life for the offence punishable under Sections 302, 201 and 498A of IPC in S.C.No.111/2016 by - 3 - HC-KAR NC: 2025:KHC-D:10362 WP No. 101435 of 2025 the Additional Sessions Judge, Dharwad on 03.03.2020. 3. The convict as on 05.01.2025 has served a term of imprisonment, including the trial period of 4 years, 10 months, 2 days. The petitioner is before this Court seeking emergency parole of the convict on the ground that due to the incessant rain, the house of the petitioner and the convict has collapsed. The petitioner, being the sister the only other person living with her is her aged mother, and they are not able to repair the house they have to make it habitable. In support thereof, the address proof and ownership of the property have been produced. 4. Learned AGA has secured the instructions and also produced the photographs of the house in question, which indicate the damage which has been caused. - 4 - HC-KAR NC: 2025:KHC-D:10362 WP No. 101435 of 2025 5. On enquiry with the learned AGA as regards the conduct of the convict, he submits that the said conduct is satisfactory. 6. In that view of the matter, I pass the following: ORDER i. The writ petition is allowed. ii. Respondent No.2-The Chief Superintendent Central Prison, Dharwad is directed to release Iranna S/o. Basavaraj Kammar @ Veeresh (CTP No.4546) on parole for a period of 30 days subject to the following conditions. A. The prisoner (CTP No.4546) 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:10362 WP No. 101435 of 2025 (CTP No.4546) 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 detenu to the gaol and that he shall not commit any other offence during then period of parole. iii. The registry is directed to communicate the order to the prison Authority for its immediate execution. Sd/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 1 Sl No.: 67