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High Court of Karnataka · body

2025 DAILYLAW 84365 (KAR)

HANAMARADDI S/O TULASARADDI GADARADDI SON OF CONVICT v. THE STATE OF KARNATAKA

WP/107037/2025 · 2025-10-31

M Nagaprasanna

Transfer Petitionbody2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:14776 WP No. 107037 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 31ST DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 107037 OF 2025 (GM-POLICE) BETWEEN: HANAMARADDI S/O. TULASARADDI GADARADDI SON OF CONVICT TULASAREDDY @ MUDAKAPPA S/O KRISHNAPPA GADAREDDY (CTP 5092), AGED ABOUT 25 YEARS, OCC: STUDENT, R/O: KURTKOTI, GADAG DISTRICT, KARNATAKA – 581 204. …PETITIONER (BY SRI. I. Y. PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, HOME DEPARTMENT, THROUGH PRINCIPAL SECRETARY, VIDHANASOUDHA, BENGALURU - 560 001. 2. THE CHIEF SUPERINTENDENT, CENTRAL PRISON, P. B. ROAD, DHARWAD – 580 008. …RESPONDENTS (BY SRI. T. HANUMAREDDY, AGA FOR R1 & R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI AND QUASH THE IMPUGNED ENDORSEMENT DATED 06-09-2025 BEARING NO. PÉÃ.PÁ.zsÁ./£Áå«- 2/1860/2025-26 ISSUED BY THE RESPONDENT NO. 2 I.E. ANNEXURE-D. AND DIRECT THE RESPONDENT NO. 2 TO RELEASE THE FATHER OF THE PETITIONER’S I.E. CONVICT NAMELY TULASAREDDY MUDAKAPPA S/O. KRISHNAPPA Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:14776 WP No. 107037 of 2025 GADAREDDY (CTP 5092) ON GENERAL PAROLE FOR A PERIOD OF 90 DAYS IN THE INTEREST OF JUSTICE AND ETC., 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 petitioner is before this Court seeking release of her son on parole. 2. The son of the petitioner gets embroiled in a Crime, which leads to his conviction for offence punishable under Section 302 of the IPC. 3. The imprisonment certificate is appended to the petition which depicts that the petitioner has been in prison for the last 9 years and 2 months and has been granted parole once and there is nothing adverse in the imprisonment certificate indicated. 4. Therefore, I deem it appropriate to permit the convict to be released on parole for a period of sixty days, - 3 - HC-KAR NC: 2025:KHC-D:14776 WP No. 107037 of 2025 which would become operational from the date of release, of the convict from the jail. Accordingly, the following: ORDER (1) The Writ Petition is allowed. (2) Mandamus issues to respondent No.2 to consider the representation of the petitioner and release the convict (CTP No.5092) – Tulasareddy @ Mudakappa S/o Krishnappa Gadareddy, on general parole for a period of sixty days, which would become operational from the date of release of the convict from the jail, subject to the following conditions: (i) The convict (CTP No.5092) 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.5092) 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 - 4 - HC-KAR NC: 2025:KHC-D:14776 WP No. 107037 of 2025 ensure return of the convict to the gaol and that he shall not commit any other offence during the period of parole. (3) 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. (4) The registry is directed to communicate the order to the prison authority for its execution. Sd/- (M.NAGAPRASANNA) JUDGE RHR/CT-ASC List No.: 1 Sl No.: 52