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2025 DAILYLAW 84833 (KAR)

SRI. SADAPPA S/O. NINGAPPA SHIVAPUR v. THE DIRECTOR GENERAL OF POLICE

WP/109284/2025 · 2025-12-08

M Nagaprasanna

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:17516 WP No. 109284 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. 109284 OF 2025 (GM-POLICE) BETWEEN: SRI. SADAPPA S/O. NINGAPPA SHIVAPUR AGED ABOUT 40 YEARS, R/AT DHAVALESHWAR, MUDHOL TALUK, BAGALKOT DISTRICT-587312 R/BY HIS MOTHER BY NAME PARVATI SHIVAPUR AGE.63 YEARS, OCC. HOUSEHOLD. …PETITIONER (BY SRI. PRATHAP S S, ADVOCATE) AND: 1. THE DIRECTOR GENERAL OF POLICE PRISONS AND CORRECTIONAL SERVICES, SESHADRI ROAD, BENGALURU-560003 2. THE CHIEF SUPERINTENDENT CENTRAL PRISON, VIJAYAPURA-586103 …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 ORDER OR DIRECTION IN THE NATURE OF MANDAMUS TO THE RESPONDENT NO.2 TO RELEASE THE PETITIONER ON GENERAL PAROLE FOR A PERIOD OF 90 DAYS AND ETC., THESE WRIT PETITIONS, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:17516 WP No. 109284 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioner - convict is before this Court seeking for the following reliefs: a. Issue a Writ order or direction in the nature of mandamus to the respondent No.2 to release the petitioner on general parole for a period of 90 days. b. Pass such other orders/directions considering the facts and circumstances of the case together as to costs in the interest of justice. 2. The petitioner - convict gets embroiled in a crime which results in his conviction for offences punishable under Sections 420, 364, 342, 392, 506, 302 & 201 read with Section 34 of the IPC. 3. The convict as on today completed 11 years 10 months 29 days of imprisonment, including the period of remission. The imprisonment certificate appended to the petition does not indicate anything adverse against the convict in the prison. 4. In that light, I deem it appropriate to permit the convict to be released on parole for a period of sixty days, which - 3 - HC-KAR NC: 2025:KHC-D:17516 WP No. 109284 of 2025 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.5137) – Sadappa S/o Ningappa Shivapur, 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.5137) 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.5137) 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 - 4 - HC-KAR NC: 2025:KHC-D:17516 WP No. 109284 of 2025 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:ANB List No.: 2 Sl No.: 13