- 1 - NC: 2025:KHC-D:3091 WP No. 107942 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 14TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO.107942 OF 2024 (GM-RES) BETWEEN: RENUKA W/O. LATE BHARATH BHUSHAN, MOTHER OF NISHAK POOJARI @ NISHAK CTP 4602, AGED ABOUT 57 YEARS, R/O: 25-8-539, GORIGUDDA, 4TH CROSS, ROADVALENCIA, GORIGUDDA JAPPINAMOGARU VILLAGE MANGALORE, KARNATAKA – 575 002 …PETITIONER (BY SRI SIRAJUDDIN AHMED, ADVOCATE) AND: 1. STATE OF KARNATAKA, HOME DEPARTMENT, THROUGH PRINCIPAL SECRETARY, VIDHANA SOUDHA, DHARWAD – 560 001. 2. CHIEF SUPERINTENDENT, CENTRAL PRISON, BELAGAVI – 591 108. …RESPONDENTS (BY SRI SHARAD V. MAGADUM, AGA FOR R1) 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(S), ORDER(S) OR DIRECTION(S) AND THEREBY, DIRECT THE RESPONDENT NO.2 TO RELEASE THE PETITIONER’S SON NISHAK POOJARI @ NISHAK CTP-4602 ON GENERAL PAROLE FOR A PERIOD OF 90 DAYS CITING THAT PETITIONER’S ILLNESS, THE PRESENCE OF HER SON WHO IS CONVICT IS ESSENTIAL TO PROVIDE PHYSICAL SUPPORT AT THIS Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - NC: 2025:KHC-D:3091 WP No. 107942 of 2024 CHALLENGING TIME AS WELL AS TO BARE ALL THE EXPENSES FOR MEDICAL TREATMENT. THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THERIEN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) The petitioner is the mother of a convict who gets convicted of an offence punishable under Section 302 inter alia by the Court of Session and is said to be in prison for the last 6 years and 4 months, as depicted in the prison certificate. On such completion, an application is submitted by the mother before the prison authorities seeking grant of parole for a period after 90 days. The same is not considered. Therefore, the petitioner is before this Court seeking a direction for release of her son on grant of parole. 2. The learned counsel for the petitioner submits that the mother has not seen the son for the last 6 years and 5 months that he has been in prison and has not been released on parole even once. - 3 - NC: 2025:KHC-D:3091 WP No. 107942 of 2024 3. In that light and also the fact that there is no adverse entry made against the son of the petitioner in the prison as found in the custody certificate, I deem it appropriate to grant the son of the petitioner parole for a period of 30 days with liberty to seek extension of parole, which becomes operational from 17.02.2025. 4. 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/Nishak Poojari @ Nishak (CTP No.4602) on general parole for a period of thirty days, which becomes operational from the forenoon of 17.02.2025 subject to the following conditions: (i) The convict (CTP No.4602) 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 - 4 - NC: 2025:KHC-D:3091 WP No. 107942 of 2024 take him to gaol, in the event, the convict (CTP No.4602) 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 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 NAA/CT-ASC List No.: 1 Sl No.: 83