- 1 - HC-KAR NC: 2025:KHC-D:17576 WP No. 108874 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. 108874 OF 2025 (GM-POLICE) BETWEEN: SYED TALHA NUMAAN CTP 4891 S/O. SYED SHAKEEL AHMED AGED ABOUT 28 YEARS, R/O. BILALABAD COLONY, KALABURAGI 585101. …PETITIONER (BY SRI. MOHAMMED PASHA BAKASH, ADVOCATE) AND: 1. STATE OF KARNATAKA HOME DEPARTMENT THROUGH PRINCIPAL SECRETARY VIDHANA SOUDHA, BENGALURU 560001. 2. CHIEF SUPERINTENDENT CENTRAL PRISON, BELAGAVI KARNATAKA 591108. …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 GRANT GENERAL PAROLE FOR A PERIOD OF 30 DAYS TO THE PETITIONER SYED TALHA NUMAAN CTP-48921 WITH FURTHER EXTENSION OF 60 DAYS, CITING THAT HIS WIFE IS DIAGNOSED WITH A LARGE RIGHT SIDED AXILLARY LIPOMA WITH FAT NECROSIS AND HIS PRESENCE IS REQUIRED TO PROVIDE SUPPORT, CARE AND TO BARE MEDICAL TREATMENT EXPENSES AND ETC., THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN B GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:17576 WP No. 108874 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioner, who is the convict, is before this Court seeking release on parole on the score that his wife is diagnosed with axillary lipoma and requires medical care. 2. The petitioner gets embroiled in a crime, which results in his conviction for the offences punishable under Section 6 of the POCSO Act and Section 506 of the IPC. 3. The wife of the petitioner had approached this Court in Writ Petition No.203792 of 2024, disposed on 20.12.2024, seeking release of the petitioner-convict on parole. The Coordinate Bench of this Court grants parole by the following order: “The petitioner is before this Court seeking a direction by issuance of a writ in the nature of mandamus to respondent No.2 to consider her request for grant of release of her husband on general parole for a period of 90 days, who is a life convict – CTP No.1223 in terms of the Prison Manual. 2. Heard learned counsel appearing for the petitioner and learned High Court Government Pleader appearing for respondents. - 3 - HC-KAR NC: 2025:KHC-D:17576 WP No. 108874 of 2025 3. The brief facts are as follows: The petitioner’s husband commits a crime which ends up in his conviction in Spl.C. (POCSO) No.25/2021. On the registration of a crime for the offences punishable under Section 506 IPC and Section 6 of POCSO, the petitioner’s husband was convicted and sentenced to undergo imprisonment for 30 years. 4. The petitioner’s husband continues to be in prison and is now in prison for the last 6 months. On all the aforesaid basis, the petitioner seeks parole on the ground that her husband has been a convict for over 6 months. The petitioner pleads that the convict i.e., her husband is suffering from several ailments and desires that his presence for medical treatment is necessary. 5. I have given my anxious consideration to the submissions made by the respective learned counsel and have perused the material on record. 6. The aforementioned facts are not in dispute and therefore, requires no reiteration. The petitioner now seeks parole only on the ground that the convict i.e., her husband is suffering from several ailments and desires that his presence for medical treatment is necessary. Therefore, I deem it appropriate to grant the petitioner’s husband emergency parole for a period of 30 days, which becomes operational from 23.12.2024 to 21.01.2025. 7. In view of the aforesaid reasons, I pass the following: ORDER (i) The Writ Petition is allowed-in-part. (ii) Petitioner’s husband – detenue (Talaha Numan) (CTP No.1223) is granted emergency parole for a period of 30 days, which becomes operational from 23.12.2024 to 21.01.2025. (iii) The convict (CTP No.1223) shall mark his attendance in the jurisdictional police station weekly once throughout the period of his parole - 4 - HC-KAR NC: 2025:KHC-D:17576 WP No. 108874 of 2025 and it would be the responsibility of the jurisdictional police to take him to gaol, in the event, the convict (CTP No.1223) would evade going back to the gaol, after the expiry of the period of general parole. (iv) Respondent No.2 shall stipulate strict conditions as are usually stipulated, to ensure return of the detenue to the gaol and that the convict 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.” 4. The convict after expiry of the term, as is found in the aforementioned order, returns to his gaol and there is no adverse remark before the prison authorities. Therefore, I deem it appropriate to permit the convict 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: ORDER (1) The Writ Petition is allowed. (2) Mandamus issues to respondent No.2 to grant general parole to the petitioner and release the convict (CTP No.4891) – Syed Talha Numaan on general parole for a period - 5 - HC-KAR NC: 2025:KHC-D:17576 WP No. 108874 of 2025 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.4891) 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.4891) 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 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. - 6 - HC-KAR NC: 2025:KHC-D:17576 WP No. 108874 of 2025 (4) The registry is directed to communicate the order to the prison authority for its execution. Sd/- (M.NAGAPRASANNA) JUDGE RHR/- List No.: 2 Sl No.: 109