- 1 - HC-KAR NC: 2025:KHC-D:15626 WP No. 108264 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 17TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 108264 OF 2025 (GM-POLICE) BETWEEN: SMT. SUDHA BASAPPA HONIHALLI W/O. BASAVARAJ ALIAS BASAPPA, AGE: 27 YEARS, OCC: HOUSEHOLD WORK, R/O: MAIN ROAD, TAVARGERI - 581 204, TQ: KALAGHATAGI, DIST: DHARWAD. …PETITIONER (BY SRI. SUHAS K. HOSAMANI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, TO THE DEPARTMENT OF HOME VIDHANA SOUDHA, BANGALORE - 560 001. 2. THE CHIEF SUPERINTENDENT, CENTRAL PRISON DHARWAD, P B ROAD, DHARWAD - 580 008. …RESPONDENTS (BY SRI. T. HANUMAREDDY, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER ORDER OR DIRECTION, DIRECTING THE RESPONDENTS TO RELEASE PETITIONERS CONVICTED HUSBAND SHRI BASAVARAJ @ BASAPPA S/O CHANNABASAPPA HONNIHALLI (CTP-4993) ON GENERAL PAROLE FOR A PERIOD OF 90 DAYS IN ACCORDANCE WITH LAW FOR ATTENDING THE ILLNESS OF PRISONERS FATHER IN LAW AND ETC., Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:15626 WP No. 108264 of 2025 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 convict - her husband on parole. 2. Heard the learned counsel for the petitioner and the learned AGA for the respondents. 3. The husband of the petitioner gets convicted for an offences punishable under Sections 302, 504 & 506 read with Section 34 of the IPC in S.C.No. 135 of 2017. The petitioner then approaches this Court in WP No.107925 of 2024 seeking release of her husband-the convict on parole. 4. This Court in WP No. 107925 of 2025, by the following order dated 17-01-2025 grants parole to the convict: “1. The petitioner is before this Court seeking release of her husband, who is a convict for the offences punishable under Sections 302, 504 and 506 read with Section 34 of the IPC. 2. The husband of the petitioner gets embroiled in a crime, which leads to his conviction and is now in prison for - 3 - HC-KAR NC: 2025:KHC-D:15626 WP No. 108264 of 2025 more than seven years. The petitioner submits a representation for release of her husband on parole. The application comes to be rejected on a Police report which finds its place in the nominal roll of the custody certificate. 3. Learned counsel appearing for the petitioner submits that the husband of the petitioner on an earlier occasion had been released on parole and has returned to the goal without any adverse report against him. 4. Learned AGA would object to the release of the husband of the petitioner on parole on the ground that the Police report has gone against him. 5. Be that as it may. In the light of the husband of the petitioner being in prison for fore more than seven years and that the release on parole on an earlier occasion being without any adverse report against him. I deem it appropriate to permit the husband of the petitioner to be released on 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 husband of the petitioner out, when he is outside the prison. 6. For the aforesaid reasons, the following: 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 detenue / Basavaraj @ Basappa (CTP-4993) 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-4993) 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-4993) would evade going back to the goal, after the expiry of the period of general parole. - 4 - HC-KAR NC: 2025:KHC-D:15626 WP No. 108264 of 2025 (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 husband of the petitioner – convict while he is out on parole. The registry is directed to communicate the order to the prison authority for its execution. 5. The convict after expiry of the term as is found in the aforementioned order returns to his gaol. The convict then, files an application before the jail authorities of Central Prison Dharwad, seeking general parole, but no further action is taken on the convict’s application. The petitioner due to the said inaction, is knocking at the doors of this Court seeking the enlargement of the convict on general parole on the ground that the father of the convict is suffering from serious health ailments requiring the assistance of the convict. 6. The learned counsel for the petitioner submits that there is no adverse remark against the convict by the prison authorities and that the convict has been in prison - 5 - HC-KAR NC: 2025:KHC-D:15626 WP No. 108264 of 2025 for over 3 years and 11 months in terms of the imprisonment certificate. 7. The learned AGA would not dispute the position that the conduct of the convict in the prison has been good in terms of the imprisonment certificate. 8. Therefore, I deem it appropriate to permit the convict (CTP No. - 4993), to be released on parole for a period of thirty 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 in part. (2) Mandamus issues to respondent No.2 to consider the representation of the petitioner and release the convict (CTP No.4993) – Basavaraj @ Basappa S/o Channabasappa Honnihalli 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.4993) shall mark his attendance in the jurisdictional - 6 - HC-KAR NC: 2025:KHC-D:15626 WP No. 108264 of 2025 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.4993) would evade going back to the gaol, after the expiry of the period of general parole. (ii) Respondent No.2 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. (4) The registry is directed to communicate the order to the prison authority for its execution. Sd/- (M.NAGAPRASANNA) JUDGE KGK/CT-ASC List No.: 1 Sl No.: 83