NASEEMA UNNISA W/O ABDUL AZEEZ v. STATE OF KARNATAKA
WP/108280/2025 · 2025-12-08
M Nagaprasanna
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 84482 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 84482 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC-D:17485 WP No. 108280 of 2025
IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 8TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 108280 OF 2025 (GM-POLICE) BETWEEN:
1. NASEEMA UNNISA W/O ABDUL AZEEZ M/O ABDUL WAHID CTP-3391 AND ABDUL SAMAD CTP 3387 AGED ABOUT 57 YEARS, R/AT. 23RD WARD, NEAR TIPPU MADARASA, TIPPU NAGAR, RAMANAGARAM, KARNATAKA - 562 159. SONS OF PETITIONER
2. ABDUL SAMAD @ SAMAD CTP-3387. 3. ABDUL WAHID CTP - 3391
BOTH ARE S/O. ABDUL AZEEZ, AGED ABOUT 36 YEARS, PRESENTLY LODGEDAT CENTRAL PRISON, BELAGAVI - 561 108. …PETITIONER (BY SRI. SIRAJUDDIN AHMED, ADVOCATE)
AND:
1. STATE OF KARNATAKA HOME DEPARTMENT, THROUGH PRINCIPAL SECRETARY, VIDHANA SOUDHA, BENGALURU - 560 001. 2. CHIEF SUPERINTENDENT
Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad
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HC-KAR NC: 2025:KHC-D:17485 WP No. 108280 of 2025
CENTRAL PRISON, BELAGAVI - 591 108. 3. SHO RAMANAGAR TOWN P.S RAMANAGARA - 562 159, (JURISDICTIONAL POLICE STATION)
…RESPONDENTS (BY SRI.T. HANUMAREDDY, 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 THE PETITIONERS SONS ABDUL WAHID CTP-3391 AND ABDUL SAMAD CTP 3387 PETITIONERS NO.1 AND 2 ON GENERAL PAROLE FOR A PERIOD OF 90 DAYS WITH LIBERTY TO SEEK EXTENSION OF PAROLE TO MAKE NECESSARY FINANCIAL ARRANGEMENTS FOR THE EDUCATION OF CONVICTS DAUGHTER, TO PARTICIPATE CONVICTS NEPHEWS MARRIAGE AND TO LOOK AFTER AILING MOTHER, AND MORE PARTICULARLY TO MAINTAIN CONJUGAL OBLIGATIONS AND RELATIONS IN ORDER TO SAVE THE FAMILY FROM DISSOLVING HENCE THE PRESENCE OF THE PETITIONERS SON IS VERY MUCH NECESSARY ESSENTIAL 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.
JUSTICE M.NAGAPRASANNA)
1. The petitioner is before this Court seeking for the following prayer: A. Direct the Respondent No.2 to release the petitioner’s Sons ABDUL WAHID CTP-3391 and ABDUL SAMAD CTP 3387 petitioners No.1 and 2 on general parole for a period of 90 days with liberty to seek extension of parole to make necessary financial arrangements for the education of convicts daughter, to participate convict’s nephew’s
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HC-KAR NC: 2025:KHC-D:17485 WP No. 108280 of 2025
marriage and to look after ailing mother, and more particularly to maintain conjugal obligations and relations in order to save the family from dissolving hence the presence of the petitioners son is very much necessary essential. 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. 2. The petitioner is the mother of two brothers - 2 convicts. She is before this Court seeking release of these convicts on parole. It transpires that the brothers have been released on parole on several occasions by filing separate petitions. 3. In that light, I deem it appropriate to grant parole to these 2 convicts as the imprisonment certificate does not indicate any adverse remarks against them in the prison and have returned to the gaol at the time that they were directed. 4. In that light, I deem it appropriate to permit these 2 convicts to be released on parole for a period of sixty days, which would become operational from the date of release of the convict from the jail. Accordingly, the following:
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HC-KAR NC: 2025:KHC-D:17485 WP No. 108280 of 2025
ORDER (1) The Writ Petition is allowed in part. (2) Mandamus issues to respondent No.2 to consider the representation of the petitioner and release the convicts (CTP No.3387) – ABDUL SAMAD @ SAMAD and (CTP No.3391) – ABDUL WAHID, on general parole for a period of sixty days, which would become operational from the date of release of the convicts from the jail, subject to the following conditions: (i) The convict (CTP No.3387 & CTP No.3391) shall mark their attendance in the jurisdictional police station, weekly once throughout the period of their parole and it would be the responsibility of the jurisdictional Police to take them to gaol, in the event, the convicts (CTP No.3387 & CTP No.3391) 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 convicts to the gaol and that they shall not commit any other offence during the period of parole.
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HC-KAR NC: 2025:KHC-D:17485 WP No. 108280 of 2025
(3) The petitioner is at liberty to seek extension of parole, which shall be considered looking at the conduct of the convicts while they are out on parole. (4) The registry is directed to communicate the
order to the prison authority for its execution.
Sd/- (M.NAGAPRASANNA) JUDGE
KGK CT:ANB List No.: 2 Sl No.: 7