- 1 - NC: 2015:KHC-D:11263 WP No. 107679 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 6TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 107679 OF 2024 (GM-POLICE) BETWEEN: RAMAPPA BADIGER S/O. MANAPPA BADIGER, AGED ABOUT 78 YEARS, RESIDING AT GANJIGATTI, KALAGHATAGI TALUK, DHARWAD DISTRICT -581212. …PETITIONER (BY SRI PRASANNAKUMAR P. DAROJI, ADVOCATE) AND: 1. STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARIAT, DEPARTMENT OF HOME, VIDHANA SOUDHA BANGALORE -560001. 2. THE CHIEF SUPERINTENDENT CENTRAL PRISON, DHARWAD -580008. …RESPONDENTS (BY SRI SHARAD V. MAGADUM, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA IS PRAYING TO, ISSUE WRIT IN THE NATURE OF MANDAMUS BY DIRECTING THE 2ND RESPONDENT TO RELEASE THE CONVICT ON PAROLE FOR 90 DAYS TO THE PRISONER (CTP NO.5063), IN THE INTEREST OF JUSTICE AND 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 AND ETC., Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - NC: 2015:KHC-D:11263 WP No. 107679 of 2024 THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) The father of the convict is before this Court seeking release of his son and grant of parole. 2. The son of the petitioner gets embroiled in a crime which leads to his conviction for the offence punishable under Section 307 of the IPC in S.C.No.44/2011. The son of the petitioner now served sentence of one year and four months in terms of the prison certificate is now seeking release of his son on grant of emergency parole on account of the marriage of convict’s cousin. 3. The learned AGA would object for grant of parole and would submit that what can be granted in such circumstances only is emergency parole as obtaining in law. - 3 - NC: 2015:KHC-D:11263 WP No. 107679 of 2024 4. The counsel for the petitioner takes this Court through certain orders passed on grant of emergency parole in identical circumstances. 5. The Coordinate Bench has held as follows : “The petitioner, who has been convicted for offences punishable under Sections 409 and 477A of the Indian Penal Code (IPC) and Section 13(2) read with Section 13(1) of the Prevention of Corruption Act, 1988, and sentenced to undergo two years of imprisonment in Spl.C.C. No.10/1998 by the 21st Additional City Civil and Sessions Judge, Bengaluru, is before this Court. 2. The petitioner seeks a direction to the respondents for his release on parole, citing ill health. The medical records annexed to this petition indicate that he is suffering from severe coronary artery disease, specifically chronic total occlusion in the native RCA and RPDA. The petitioner requires treatment at a specialized hospital, as the prison lacks the necessary facilities for treating this condition. The petitioner has served one year and six months of his sentence and was previously released on parole without any recorded violations of the parole conditions. 3. The Imprisonment Certificate issued by the Chief Superintendent of Central Prison, Parappana Agrahara, Bengaluru, indicates that the petitioner’s conduct during incarceration has been good. 4. In light of the above submissions, the petitioner has established a prima facie case for his release on parole. Accordingly, I pass the following; - 4 - NC: 2015:KHC-D:11263 WP No. 107679 of 2024 ORDER a. The Writ Petition is allowed. b. Respondent No.1 is hereby directed to release the petitioner/convict on parole for a period of 45 days from the date of his release, subject to prisoner undertaking not to involve in unlawful activities during the parole. c. Respondents shall stipulate strict conditions as are usually stipulated to ensure his return to the prison and the convict shall not commit any other offence during the period of parole. c. Respondents shall stipulate strict conditions as are usually stipulated to ensure his return to the prison and the convict shall not commit any other offence during the period of parole. d. The Registry is directed to communicate this order to respondents, by way of electronic mail to the jail authorities, forthwith. e. The petitioner-convict is at liberty to seek extension of parole.” 6. In that light, I deem it appropriate to grant the son of the petitioner emergency parole for a period of 15 days to become operational from 08.02.2025. 7. For the aforesaid reasons, the following: ORDER (1) The Writ Petition is allowed in part. - 5 - NC: 2015:KHC-D:11263 WP No. 107679 of 2024 (2) Mandamus issues to respondent No.2 to consider the representation of the petitioner and release the detenue/Manjappa S/o. Ramappa Badiger (CTP No.5063) on general parole for a period of 15 days which becomes operational from the forenoon of 08.02.2025, subject to the following conditions: (i) The convict (CTP No.5063) 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.5063) would evade going back to the gaol, after the expiry of the period of general parole. (ii) Respondent No.1 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. - 6 - NC: 2015:KHC-D:11263 WP No. 107679 of 2024 (3) The petitioner is at liberty to seek extension of parole, which shall be considered looking at the conduct of the son of the petitioner – convict while he is out on parole. (4) The registry is directed to communicate the order to the prison authority for its execution. Sd/- (M.NAGAPRASANNA) JUDGE NAA/CT-GTB List No.: 1 Sl No.: 29