Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:45801 WP No. 30913 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 30913 OF 2025 (GM-POLICE) BETWEEN:
SMITHA BABITHA KUMARI C/O RAVINDRA WIFE OF ASHRITH @ ASHU CTP 478 AGED ABOUT 32 YEARS, R/AT V.T.ROAD, VENKATARAMANA TEMPLE, CM STREET, MANGALORE, KARNATAKA-575001.
…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 KALABURAGI-585201
…RESPONDENTS (BY SMT. K.P. YASHODHA, 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 PETITIONER'S HUSBAND CONVICT ASHTITH AT ASHU CTP-478 FOR FURTHER 60 DAYS TO MAINTAIN SOCIAL TIES AND MAKE NECESSARY ARRANGEMENTS OF FAMILY AND ETC.
Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:45801 WP No. 30913 of 2025
THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
ORAL ORDER
1. The Petitioner - wife of the detenu Ashrith @ Ashu, CTP 478 is before this Court seeking for the following reliefs: a. Direct the R2 to release petitioner’s husband convict Ashtith @ Ashu CTP-478 for further 60 days to maintain social ties and make necessary arrangements of family.
b. Pass any other order(s) which this court may deem fit and proper under the facts and circumstances of the case, in the interest of justice and equity.
2. The detenu was convicted in S.C.No.106/2014 by the I Additional District and Sessions Judge, D.K., Mangaluru for offences under Section 341 and 302 of the IPC and on 26.12.2018 had been sentenced, highest of the sentence of life imprisonment. The detenu is stated to have undergone incarceration for a period of 7 years and had been granted parole on 19.08.2025 in WP No.12257/2025 for his wedding.
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HC-KAR NC: 2025:KHC:45801 WP No. 30913 of 2025
The petitioner is before this court seeking for extension of parole after having complied with the condition laid in the earlier matter.
3. Though the learned AGA opposes the grant of extension of parole on the ground that the detenu has surrendered himself before the jail authorities and there is required to be a gap of at least six months before a fresh application were to be considered, I am of the considered opinion that the petitioner having been released on parole, having complied with the conditions which had been imposed and surrendered to the jail authorities, the earlier parole having been granted on account of his marriage, it would be in the interest of justice that the petitioner's parole is extended by a further period of 60 days. In that view of the matter, I pass the following:
ORDER i) The Writ Petition is allowed.
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HC-KAR NC: 2025:KHC:45801 WP No. 30913 of 2025
ii) Respondent No.2 – Chief Superintendent, Central Prison, *Kalburagi, is directed to release Ashrith @ Ashu, CTP 478, on parole for a period of 60 days commencing from *22.11.2025 or from the date of release, whichever is earlier, subject to the following conditions: a) 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 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 the period of parole. *Corrected vide Court Order dated 18.12.2025
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HC-KAR NC: 2025:KHC:45801 WP No. 30913 of 2025
iii) The Registry is directed to communicate the
order to the prison authority for its immediate execution.
SD/- (SURAJ GOVINDARAJ) JUDGE
PRS List No.: 2 Sl No.: 15