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2025 DAILYLAW 84900 (KAR)

MR. SALEEM ABDUL KAYEEM S/O ABDUL KAYEEM v. STATE OF KARNATAKA

WP/108347/2025 · 2025-11-17

M Nagaprasanna

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC-D:15622 WP No. 108347 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. 108347 OF 2025 (GM-POLICE) BETWEEN: MR. SALEEM ABDUL KAYEEM S/O ABDUL KAYEEM AGED MAJOR, OCC. PRISON, R/O. CTP NO. 3347, CENTRAL PRISON, HINDALAGA, BELAGAVI 591108 AS PETITIONER IS IN CUSTODY, REPRESENTED BY HIS WIFE, SMT. SHABEEN TAJ W/O SALEEM ABDUL KAYEEM AGED ABOUT 37 YEARS, R/AT. 728/24, KOTHNUR MAIN ROADK, HARINAGAR,ANJANAPURA, BANGALORE SOUTH- 560062. …PETITIONER (BY SRI. GIRISH M. PATIL, ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF LAW, JUSTICE AND HUMAN RIGHTS, BANGALORE-560001. 2. STATE OF KARNATAKA REPRESENTED BY ITS UNDER SECRETARY, DEPARTMENT OF HOME, PRISON AND CCINEMA, BANGALORE-560001. 3. THE DIRECTOR GENERAL POLICE AND INSPECTOR GENERAL OF PRISONS, SHESHADRI ROAD, BANGALORE-560001. Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:15622 WP No. 108347 of 2025 4. THE CHIEF SUPERINTENDENT OF CENTRAL PRISONS CENTRAL JAIL, HINDALAGA, BELAGAVI-591108. …RESPONDENTS (BY SRI.T. HANUMAREDDY, 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 OR ORDER AS PER ANNEXURE-H REPLY DATED 01.08.2025 BEARING NO.CCRB/GIS/PAROLE.18/2025 AS DIRECT THE RESPONDENT NO.4 TO CONSIDER THE REQUEST MADE BY THE PETITIONER TO EXTEND REMISSION AND TO RELEASE HIM ON GENERAL PAROLE FOR A PERIOD OF 90 DAYS FROM CENTRAL PRISON, BELAGAVI IN ACCORDANCE WITH LAW. 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-convict, who is represented by his wife before this court, has filed this petition seeking for his release on parole. 2. Heard Sri. Girish M. Patil, learned counsel for the petitioner and Sri. Hanumareddy, the learned AGA for the respondents. 3. The petitioner gets embroiled in a crime which results in his conviction for offence punishable under - 3 - HC-KAR NC: 2025:KHC-D:15622 WP No. 108347 of 2025 Sections 376 and 302 of the IPC. The petitioner-convict, files an application before the jail authorities of Central Jail Dharwad, seeking general parole, which comes to be rejected. The petitioner after the said denial of the application, is knocking at the doors of this Court seeking his enlargement on general parole, to take care of his ailing wife. 4. The learned counsel for the petitioner submits that as per the imprisonment certificate, the convict – petitioner has been in prison for over 7 years and 5 months and that the conduct of the convict in prison is satisfactory. This is the first time the convict - petitioner is availing parole is the further submission of the learned counsel appearing for the petitioner. 5. 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 and that there is nothing adverse against the petitioner during his time in the prison. - 4 - HC-KAR NC: 2025:KHC-D:15622 WP No. 108347 of 2025 6. In that light, I deem it appropriate to permit the convict (CTP: 3347) to be released on parole for a period of 90 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. (2) Mandamus issues to respondent No.2 to consider the representation of the petitioner and release the convict (CTP No.3347) – MR. Saleem Abdul Kayeem S/O Abdul Kayeem, on general parole for a period of 90 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.3347) 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.3347) would evade - 5 - HC-KAR NC: 2025:KHC-D:15622 WP No. 108347 of 2025 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 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 AC CT:ANB List No.: 1 Sl No.: 107