- 1 - NC: 2025:KHC-D:321 WP No. 107345 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 9TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO.107345 OF 2024 (GM-POLICE) BETWEEN: NINGAPPA B. NOOLVI S/O. BASAVANTAPPA, AGE: 71 YEARS, OCC: FARMER, RESIDING OF DODDA ONI, DEVIKOPPA VILLAGE, DHARWAD, KARNATAKA – 581 204. …PETITIONER (BY SRI AVINASH M. ANGADI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY ITS PRINCIPAL SECRETARY, DEPT. OF HOME, VIDHANA SOUDHA, BENGALURU – 560 001. 2. THE CHIEF SUPERINTENDENT, CENTRAL PRISON, DHARWAD – 580 008. 3. THE SUPERINTENDENT OF POLICE, DHARWAD DISTRICT, DHARWAD – 580 008. …RESPONDENTS (BY SRI SHARAD V. MAGADUM, AGA FOR R1 TO R3) 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 CERTIORARI TO SET ASIDE THE ORDER DATED 23.08.2024 VIDE ORDER NO.720/ DCRB/ 4/ PAROLE/ 3237/2024 PASSED BY THE RESPONDENT NO.3 PRODUCED AS ANNEXURE-E. ISSUE A WRIT, ORDER OR DIRECTION IN THE NATURE OF MANDAMUS DIRECTING RESPONDENT NO.2 TO RELEASE THE PETITIONER’S SON ACCUSED NO.1 GANGADHAR S/O. NINGAPPA NOOLVI (CTP NO.5108) IN SC NO.84/2021 PASSED BY Digitally signed by VISHAL NINGAPPA PATTIHAL - 2 - NC: 2025:KHC-D:321 WP No. 107345 of 2024 THE III ADDL. DISTRICT AND SESSIONS AND SPL. JUDGE, DHARWAD VIDE ANNEXURE-A FOR 1 MONTH IN THE INTEREST OF JUSTICE. AND ETC., THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioner is before this Court seeking quashment of an order dated 23.08.2024 by which the application of the petitioner seeking release of his son on grant of parole. 2. Heard the learned counsel for the petitioner and the learned AGA for the respondent-State. 3. The son of the petitioner gets embroiled in a crime and gets convicted of offences punishable under Sections 302, 504 & 114 of the IPC. The son of the petitioner has, as on today spend 4 years and 6 months in prison. The custody certificate is also appended to petition. The father of the convict is at the doors of this Court seeking release of his son on grant of parole on the score - 3 - NC: 2025:KHC-D:321 WP No. 107345 of 2024 that he is ailing and is currently suffering certain disability, to which the presence of the son to take care of the father is necessary. The police report goes against the son of the petitioner on the score that he has suffered conviction for an offence under Section 302 of the IPC and the reason for which parole is sought, is contrary to the facts. The police report is on the basis of certain statements recorded by the family of the victim that the son of the petitioner should not be released. 4. Be that as it is. The petitioner has produced certain documents which would necessitate the presence of a convict, his son to take care of the father who is now 71 years old and is suffering from certain ailment as is indicated in an annexure appended to the petition. 5. In that light, I deem it appropriate to grant parole to the son of the petitioner initially for a period of 15 days which would become operational from 11.01.2025 and owing to his conduct, reserving liberty to seek extension for another fortnight, after the expiring of the - 4 - NC: 2025:KHC-D:321 WP No. 107345 of 2024 present period and the convict returning to the gaol. The order is despite the vehement opposition of the learned AGA that parole should not be granted, in the light of the police report. 6. For the aforesaid reasons, the following: ORDER i. The writ petition is allowed in part. ii. Mandamus issues to respondent No.2 to consider the representation of the petitioner and release the detenue/Gangadhar Noolvi (CTP No.5108) initially for a period of 15 days which would become operational from 11.01.2025. iii. 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 - 5 - NC: 2025:KHC-D:321 WP No. 107345 of 2024 (CTP No.5108) would evade going back to the gaol, after the expiry of the period of parole. iv. Respondent No.2 shall stipulate strict conditions as are usually stipulated, to ensure return of the detenue to the gaol and that he shall not commit any other offence during the period of parole. v. Registry is directed to communicate this order to respondent No.2, by way of electronic mail, forthwith. vi. 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. Sd/- (M.NAGAPRASANNA) JUDGE KGK List No.: 1 Sl No.: 3