- 1 - NC: 2025:KHC-D:731 WP No. 107920 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 17TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO.107920 OF 2024 (GM-RES) BETWEEN: KHASIM BI W/O. DASTAGIRI, MOTHER KHASIM PCTP – 13642, AGED ABOUT 42 YEARS, R/O: 102/2 WARD NO. 9, NEAR SOCIETY RICE MIL GONAL, ROAD BALLARY, KARNATAKA – 583 101. …PETITIONER (BY SRI SIRAJUDDIN AHMED, ADVOCATE) AND: 1. STATE OF KARNATAKA, HOME DEPARTMENT, THROUGH PRINCIPAL SECRETARY, VIDHANA SOUDHA, BENGALURU – 560 001. 2. CHIEF SUPEINTENDENT, CENTRAL PRISON, BALLARI – 583 103. …RESPONDENTS (BY SRI SHARAD V. MAGADUM, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUE WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT(S), ORDER(S) OR DIRECTION(S) AND THEREBY, DIRECT THE RESPONDENTS TO RELEASE PETITIONERS SON KHASIMBI CTP-13642 ON GENERAL PAROLE FOR A PERIOD OF 90 DAYS IN ACCORDANCE WITH LAW ON THE GROUND THAT ILLNESS Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka - 2 - NC: 2025:KHC-D:731 WP No. 107920 of 2024 OF PETITIONER SUFFERING FROM HTN/MD/LBA/DM2 AND PID WHICH IS EVIDENT FROM MEDICAL CERTIFICATE ISSUED BY THE GENERAL HOSPITAL HOSPET. THE PRESENCE OF HER SON WHO IS A CONVICT IS ESSENTIAL TO PROVIDE MEDICAL CARE FOR EFFECTIVE TREATMENT AND RECOVERY 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 the son of the petitioner on parole. It transpires that the son of the petitioner gets embroiled in a crime which is tried in S.C. No.58/2021 for the offences punishable under Sections 302 and 114 read with Section 34 of the IPC. 2. The petitioner has been in prison for the last 3 years 6 months and 25 days and has not availed any parole till date. 3. The present certificate is indicative of the fact that the conduct of the son of the petitioner has been good. - 3 - NC: 2025:KHC-D:731 WP No. 107920 of 2024 4. In that light, I deem it appropriate to permit the son of the petitioner to be released on general parole beginning from 20th January 2025 for a period of 30 days with liberty to seek extension of parole which would be considered going to the conduct of the son of the petitioner out, when he is outside the prison. 5. For the aforesaid reasons, the following: ORDER (1) The Writ Petition is allowed in part. (2) Mandamus issues to respondent No.2 to release the detenue / Khasim (CTP-13642) on general parole from the forenoon of 20.01.2025 for a period of 30 days subject to the following conditions: (i) The convict (CTP-13642) 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 goal, in the event, the convict (CTP-13642) would evade going back to the goal, after the expiry of the period of general parole. - 4 - NC: 2025:KHC-D:731 WP No. 107920 of 2024 (ii) Respondent No.1 shall stipulate strict conditions as are usually stipulated, to ensure return of the detenue to the goal 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 brother 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 Vnp/CT-ASC List No.: 1 Sl No.: 38