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2025 DAILYLAW 85041 (KAR)

SMT CHAYA IRANNA HALAKATTI v. THE STATE OF KARNATAKA

WP/108263/2025 · 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:15631 WP No. 108263 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. 108263 OF 2025 (GM-POLICE) BETWEEN: SMT. CHAYA IRANNA HALAKATTI, C/O IRANNA R. HALAKATTI AGE: 31 YEARS, OCC: HOUSEHOLD WORK, R/O: NO 181/9, NAVALURU AGASI, TQ AND DIST DHARWAD - 580 004. …PETITIONER (BY SRI. SUHAS K. HOSAMANI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, TO THE DEPARTMENT OF HOME, VIDHANA SOUDHA, BANGALORE - 560 001. 2. THE CHIEF SUPERINTENDENT, CENTRAL PRISON DHARWAD, P. B. ROAD, DHARWAD - 580 008. …RESPONDENTS (BY SRI. T. HANUMAREDDY, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER ORDER OR DIRECTION, DIRECTING THE RESPONDENTS TO RELEASE PETITIONERS CONVICTED BROTHER SHRI IRANNA BASAVARAJ KAMMAR (CTP NO. 4546) ON GENERAL PAROLE FOR A FURTHER PERIOD OF 60 DAYS IN ACCORDANCE WITH LAW FOR ATTENDING HIS FAMILY CRISIS AND ETC., THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:15631 WP No. 108263 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioner is before this Court seeking the following reliefs: A. Issue a Writ of Mandamus or any other order or direction, directing the Respondents to release petitioners convicted brother Shri Iranna Basavaraj Kammar (CTP No. 4546) on general parole for a further period of 60 days in accordance with law for attending his family crisis. B. Issue any other appropriate Writ or order or direction which deems fit to grant by this Hon’ble Court in the facts and circumstances of the case. 2. Heard the learned counsel for the petitioner and the learned AGA for the respondents. 3. The petitioner is the sister of the convict. The convict gets embroiled in a crime and is convicted for the offences punishable under Sections 302, 498A and 201 of the IPC in S.C.No.111 of 2016. 4. The Co-ordinate Bench of this Court in terms of it’s order dated 18-08-2025 in W.P.No.101435/2025, had granted parole to the convict – brother of the petitioner for a period of 30 days, to get the house repaired, which according to the petitioner, is in - 3 - HC-KAR NC: 2025:KHC-D:15631 WP No. 108263 of 2025 a dilapidated condition. After the completion of 30 days the convict returns back to the gaol, despite the repair work not being completed. 5. The learned counsel for the petitioner submits that the said condition of the house prevails even today and the repair work is still pending. The convict has been in prison for the past 7 years and 1 months and there are no adverse remarks against him as per the imprisonment certificate. On these grounds the petitioner seeks the release of her brother – the convict again, on general parole. 6. 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. 7. In that light, I deem it appropriate to grant the convict (CTP – 4546) – Iranna Basavaraj Kammar, parole for another 45 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. - 4 - HC-KAR NC: 2025:KHC-D:15631 WP No. 108263 of 2025 (2) Mandamus issues to respondent No.2 to consider the representation of the petitioner and release the convict (CTP No.4546) – Iranna Basavarj Kammar on general parole for a period of 45 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.4546) 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.4546) would evade going back to the gaol, after the expiry of the period of general parole. (ii) Respondent No.2 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. - 5 - HC-KAR NC: 2025:KHC-D:15631 WP No. 108263 of 2025 (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.: 82