- 1 - NC: 2025:KHC-D:3429 WP No. 107921 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 19TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 107921 OF 2024 (GM-RES) BETWEEN: BHIBANI BAI W/O. THIPPA NAIK, SISTER OF H. GOVINDANAIK CTP-10690 AGED ABOUT 44 YEARS, R/O: 89, NEAR RANGA MANDIRA, TALEBASAPURA THANDA, CHILAKANAHALLI, HOSPET BELLARY, KARNATAKA- 583222. …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, BELLARI- 583101. …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 GRACIOUSLY BE PLEASED TO ISSUE WRIT OF Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - NC: 2025:KHC-D:3429 WP No. 107921 of 2024 MANDAMUS OR ANY OTHER APPROPRIATE WRIT(S), ORDER(S) OR DIRECTION(S) AND THEREBY, A. DIRECT THE RESPONDENT NO.2 TO RELEASE PETITIONER’S BROTHER H. GOVINDANAIK CTP-10690 ON GENERAL PAROLE FOR A PERIOD OF 90 DAYS IN ACCORDANCE WITH LAW CITING THAT ILLNESS OF HIS SON WHICH IS EVIDENT FROM MEDICAL CERTIFICATE ISSUED BY THE ABHI HEALTH CARE CENTRE. THE PRESENCE OF CONVICT WHO IS FATHER IS ESSENTIAL TO PROVIDE MEDICAL CARE FOR EFFECTIVE TREATMENT AND RECOVERY AS WELL AS TO BARE MEDICAL EXPENSES. B. 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 PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) The petitioner is before this Court seeking a direction by issuance of writ in nature of mandamus directing release of her brother on general parole for a period of 90 days on the reason set out in the petition. 2. Heard Sri Sirajuddin Ahmed, learned counsel for petitioner and Sri Sharad V. Magadum, learned AGA for respondents. 3. The brother of the petitioner gets embroiled in a crime for the offence punishable under Sections 498A and - 3 - NC: 2025:KHC-D:3429 WP No. 107921 of 2024 302 of the IPC. He is sentenced to life imprisonment. The brother of the petitioner is said to have completed 9 years and 10 months in the prison and brother of the petitioner is now sought release on parole. 4. Learned counsel Sri Sirajuddin Ahmed projects the averments in the petition to become the petitioner entitled to grant of parole. 5. The learned AGA, on instructions and production of records, would submit that on 27.09.2011, when the brother of the petitioner was let out on parole, on identical submissions and considerations, escaped parole for a period of 6 years, 1 month and 1 day. The learned AGA submits that it became a herculean task to get the petitioner back to the gaol and parole in such cases should not be granted. 6. I have given my anxious consideration to the submissions of the learned counsel for petitioner and the learned AGA and have perused the material on record. - 4 - NC: 2025:KHC-D:3429 WP No. 107921 of 2024 7. The brother of the petitioner getting embroiled in a crime is a matter of record. The brother of the petitioner was granted parole on 27.09.2011. It is an admitted fact that the brother of the petitioner escaped parole without returning to the gaol, not for days or months, it was for 6 years, 1 month and 1 day. It is later he was apprehended and sent back to the gaol. Based upon the said escape from the parole, a crime had come to be registered against the brother of the petitioner in Crime No.152/2011 for the offence punishable under Section 224 of the IPC. The brother of the petitioner is said to have been convicted for the said offence. 8. In the light of the conduct of the brother of the petitioner of escaping from parole, when he was to return to the gaol, no indulgence can be shown now, to grant parole again and for the respondent-Police to repeat the entire exercise of searching, if he would jump parole, all over again. Therefore, finding no merit to grant the - 5 - NC: 2025:KHC-D:3429 WP No. 107921 of 2024 brother of the petitioner parole, the petition stands rejected. Sd/- (M.NAGAPRASANNA) JUDGE NAA List No.: 1 Sl No.: 96