- 1 - NC: 2025:KHC-D:2708 WP No. 107933 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 11TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO.107933 OF 2024 (GM-RES) BETWEEN: DINESH KUMAR S/O. SUBBANNA SHETTY, FATHER SACHIN SHETTY ALIAS SACHIN CTP 5150, AGED ABOUT 61 YEARS, R/O: 22-2-300/1/1, SUBBANNA SHETTY COMPOUND, TAILOR RAOD, AREKERE BAIL BOLARA, MULIHITHLU, MANGALORE, KARNATAKA – 575 001. …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, DHARWAD – 580 008. …RESPONDENTS (BY SRI SHARAD V. MAGADUM, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, WHEREFORE IT IS MOST RESPECTFULLY PRAYED THAT THIS HON BLE COURT GRACIOUSLY BE PLEASED TO ISSUE WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT(S), ORDER(S) OR DIRECTION(S) AND THEREBY, DIRECT THE RESPONDENTS TO RELEASE PETITIONER’S SON SACHIN SHETTY @ SACHIN CTP-5150 ON GENERAL PAROLE FOR A PERIOD OF 90 DAYS IN ACCORDANCE WITH LAW CITING THAT THE ILLNESS OF PETITIONER SUFFERING FROM RECUURENCE OF UNSTABLE ANGINA WHICH IS EVIDENT FROM MEDICAL CERTIFICATE ISSUED BY THE MEDEISCOPE CLINIC AND LABORATORY. THE PRESENCE OF HIS SON WHO IS A CONVICT IS ESSENTIAL TO Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - NC: 2025:KHC-D:2708 WP No. 107933 of 2024 PROVIDE MEDICAL CARE FOR EFFECTIVE TREATMENT AND RECOVERY AS WELL AS TO BARE ALL MEDICAL EXPENSES AND ETC., THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THERIEN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) The father of the convict is before this Court seeking release of his son on grant of parole, who is now been in prison for the last 6 years 6 months pursuant to the order of conviction of the Court of Sessions for offences punishable under Sections 143, 147 148, 120-B, 448, 302, 506 read with Section 149 of IPC. 2. Heard Shri Sirajuddin Ahmed, learned counsel for petitioner and the learned AGA Shri Sharad V.Magadum for respondents. 3. It transpires that the son of the petitioner has availed parole on earlier occasions and has returned to the gaol and there is no report that is adverse to the petitioner at the time when he was out on parole. - 3 - NC: 2025:KHC-D:2708 WP No. 107933 of 2024 4. In that light I deem it appropriate to grant the general parole for a period of 60 days commencing from 15.02.2025 reserving liberty to seek extension of parole on his return to the gaol after the expiry period of parole. 5. 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 / Sachin Shetty @ Sachin (CTP No.5150) on general parole for 60 days commencing from 15.02.2025, which becomes operational from the forenoon of 15.02.2025, subject to the following conditions: (i) The convict (CTP No.5150) 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 - 4 - NC: 2025:KHC-D:2708 WP No. 107933 of 2024 No.5150) 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 detenue 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 son 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.: 82