- 1 - HC-KAR NC: 2025:KHC-D:15628 WP No. 108241 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. 108241 OF 2025 (GM-POLICE) BETWEEN: BASAVARAJ S/O. DEVENDRAPPA BADIGER, AGED ABOUT 40 YEARS, OCC. PRISON, R/O. CTP NO.3062, CENTRAL JAIL, DHARWAD – 580 008, AS PETITIONER IS IN CUSTODY, R/BY HIS WIFE PREMA W/O. BASAVARAJ BADIGER, AGE. 36 YEARS, OCC. HOUSEWIFE, R/O. ISHWAR NAGAR, BELAVANTRA VILLAGE, TQ. KALAGHATAGI, DIST. DHARWAD – 581 204. …PETITIONER (BY SRI. PRAVEEN HUCHARADDI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, R/BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF LAW, JUSTICE AND HUMAN RIGHTS, BENGALURU – 560 001. 2. THE STATE OF KARNATAKA R/BY ITS UNDER SECRETARY, DEPARTMENT OF HOME, PRISON AND CINEMA, BENGALURU – 560 001. 3. THE DIRECTOR GENERAL POLICE AND INSPECTOR GENERAL OF PRISONS SHESHADRI ROAD, Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:15628 WP No. 108241 of 2025 BENGALURU – 560 001. 4. SUPERINTENDENT OF POLICE, DHARWAD – 580 008. 5. THE CHIEF SUPERINTENDENT OF CENTRAL PRISIONS CENTRAL JAIL, DHARWAD DISTRICT – 580 008. 6. THE LIFE CONVICTS RELEASE COMMITTEE PRINCIPAL SECRETARY, DEPARTMENT OF HOME, BENGALURU, BY ITS CHAIRMAN – 560 001. …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 CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR ORDER AS TO QUASH THE REPLY AS PER ANNEXURE-C BEARING NO. 720/D.C.R.B/4/PAROLE/565/2025, DATED 06.02.2025 ISSUED BY RESPONDENT NO.5 IN FAVOR OF THE PETITIONER AND TO CONSIDER THE REPRESENTATION MADE VIDE ANNEXURE-C DATED 06.02.2025 AND GRANT THE PETITIONER THE PAROLE FOR 90 DAYS IN THE INTEREST OF JUSTICE AND ETC., THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:15628 WP No. 108241 of 2025 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 the learned counsel for the petitioner and the learned AGA for the respondents. 3. The petitioner-convict gets embroiled in a crime and is convicted for offences under Sections 363 & 366 of the IPC and Section 6 of the POCSO Act in S.C.No.06 of 2013 on 03.04.2014. The said judgment and conviction is confirmed by the Division Bench of this Court in Crl.A.No.100193 of 2014. This Court in terms of it’s order dated 20.01.2025, in W.P.No.100337 of 2025 directed the wife of the petitioner to submit a representation before the prison authorities for the release of the petitioner on parole. The petitioner-convict then, 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 - 4 - HC-KAR NC: 2025:KHC-D:15628 WP No. 108241 of 2025 parole, on the ground that his wife is suffering from serious medical conditions requiring the assistance and medical care from her husband – the petitioner for her treatment. 4. The learned counsel for the petitioner submits that as per the imprisonment certificate, the convict – petitioner has been in prison for over 15 years and 9 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 HCGP 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. 6. Though the offence is the one punishable under Section 6 of POCSO Act, the petitioner is seeking parole for the first time in the last 12 years. 7. In that light, I deem it appropriate to permit the petitioner – convict (CTP No. 3062) – Basavaraj S/o Devendrappa Badiger to be released on parole for a period of - 5 - HC-KAR NC: 2025:KHC-D:15628 WP No. 108241 of 2025 thirty 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 in part. (2) Mandamus issues to respondent No.2 to consider the representation of the petitioner and release the convict (CTP No.3062) – Basavarj S/o Devendrappa Badiger, on general parole for a period of thirty 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.3062) 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.3062) would evade going back to the gaol, after the expiry of the period of general parole. (ii) Respondent No.5 shall stipulate strict conditions as are usually stipulated, to ensure return of the convict to the gaol - 6 - HC-KAR NC: 2025:KHC-D:15628 WP No. 108241 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-ASC List No.: 1 Sl No.: 80