- 1 - NC: 2025:KHC-D:2685 WP No. 107926 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. 107926 OF 2024 (GM-RES) BETWEEN: VAIJANATH KAMBLE S/O. VITTHALRAO KAMBLE, BROTHER OF UDAYKUMAR CTP- 4803, AGED ABOUT 41 YEARS, R/O: NEAR RAMLINGESHWAR TEMPLE, ALMATTI D S, KARNATAKA- 586201. …PETITIONER (BY SRI. SIRAJUDDIN AHMED, ADVOCATE) AND: 1. STATE OF KARNATAKA, HOME DEPARTMENT, THROUGH PRINCIPAL SECRETARY, VIDHANA SOUDHA, BENGALURU- 560001. 2. CHIEF SUPERINTENDENT, CENTRAL PRISON, DHARWAD- 580008. …RESPONDENTS (BY SRI SHARAD V. MAGADUM, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA IS PRAYING TO, WHEREFORE IT IS MOST RESPECTFULLY PRAYED THAT THIS HON BLE COURT MAY GRACIOUSLY BE PLEASED TO ISSUE Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - NC: 2025:KHC-D:2685 WP No. 107926 of 2024 WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT(S), ORDER(S) OR DIRECTION(S) AND THEREBY. DIRECT THE RESPONDENTS TO RELEASE PETITIONER’S BROTHER UDAYKUMAR CTP-4803 ON GENERAL PAROLE FOR A PERIOD OF 90 DAYS IN ACCORDANCE WITH LAW CITING THAT TO ATTEND THE WEDDING OF PETITIONER’S DAUGHTER, THE PRESENCE OF CONVICT WHO IS THE BROTHER OF PETITIONER IS NECESSARY TO PERFORM FAMILY OBLIGATION DURING THIS SIGNIFICANT OCCASION AND ALSO CONSIDER HIS CUSTODY PERIOD HE HAVE SERVE FOR MORE THAN 8 YEARS 9 MONTH. PASS ANY OTHER ORDER(S) WHICH THIS COURT MAY DEEM FIT AND PROPER UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR ORDERS, 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 his brother on grant of parole. 2. Heard the learned counsel Sri.Sirajuddin Ahmed appearing for petitioner and learned AGA-Sri.Sharad V.Magadum appearing for respondent. - 3 - NC: 2025:KHC-D:2685 WP No. 107926 of 2024 3. The brother of the petitioner gets embroiled in a crime, which is tried by the Court of Sessions, he is convicted for the offence punishable under Section 302 of IPC and has been in prison for the last eight years and nine months. The petitioner has moved the matter seeking grant of parole on the score that the petitioner’s daughter is getting married and the presence of the convict i.e., brother of the petitioner is necessary to perform the obligations of the family and certain rituals. 4. Learned AGA on instructions had submitted that the application was not submitted by the convict or the family of the convict but by the counsel. Now the application is said to have been submitted by the brother of the present petitioner. The application is taken on record. The invitation of marriage as observed herein above is also appended to the petition. 5. In that light, I deem it appropriate to grant the petitioner parole for a period of thirty days commencing from 12.02.2025. - 4 - NC: 2025:KHC-D:2685 WP No. 107926 of 2024 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/Udaykumar CTP No.4803) on general parole for thirty days commencing from 12.02.2025, which becomes operational from the forenoon of 12.02.2025, subject to the following conditions: (i) The convict (CTP No.4803) 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.4803) 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 - 5 - NC: 2025:KHC-D:2685 WP No. 107926 of 2024 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 RHR/- List No.: 2 Sl No.: 1