- 1 - NC: 2025:KHC-D:295 WP No. 107923 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 8TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO.107923 OF 2024 (GM-RES) BETWEEN: B. VIMAL W/O. B. VENKATESHULU, SISTER OF RAMANJANI CTP 13766, AGED ABOUT 36 YEARS, R/O: 7TH WARD CHALIVADI STREET, NEAR T G OIL MILL, BELLARI, KARNATAKA – 583 101. …PETITIONER (BY SRI SIRAJUDDIN AHMED, ADVOCATE) AND: 1. STATE OF KARNATAKA, HOME DEPARTMENT, THROUGH PRINCIPAL SECRETARY, VIDHANA SOUDHA, BENGALURU – 560 001. 2. THE DIRECTOR GENERAL OF POLICE, PRISONS AND CORRECTIONAL SERVICES SHESHADRI – ROAD, BENGALURU – 560 001. 3. THE LIFE CONVICTS RELEASE COMMITTEE, REPRESENTED BY ITS CHAIRMAN AND PRINCIPAL SECRETARY HOME DEPARTMENT, VIDHANA SOUDHA, Digitally signed by VISHAL NINGAPPA PATTIHAL - 2 - NC: 2025:KHC-D:295 WP No. 107923 of 2024 BENGALURU – 560 001. 4. CHIEF SUPERINTENDENT, CENTRAL PRISON, BELLARI - 583 103. …RESPONDENTS (BY SRI SHARAD V. MAGADUM AGA FOR R1 TO R4) 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 RESPONDENTS TO CONSIDER PETITIONERS BROTHER RAMANJANI CTP 13766 APPLICATION TO RELEASE HIM PREMATURELY AND TO GRANT OF GENERAL PAROLE FOR A PERIOD OF 90 DAYS WITH FURTHER EXTENSION IN ACCORDANCE WITH LAW TILL THE COMMITTEE CONSIDERS HIS APPLICATION FOR PREMATURE RELEASE CITING THAT TO ATTEND THE FAMILY RESPONSIBILITY AT THIS STAGE, TO MAINTAIN AGRICULTURAL ACTIVITIES THAT FORMS THAT PRIMARY SOURCE OF LIVELIHOOD AND ALSO HE HAS UNDERGONE FOR OVER 16 YEARS TILL NOW AND ETC., THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC-D:295 WP No. 107923 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) Petitioner is before this Court seeking a direction to consider the release of his brother who is in prison on grant of emergency parole for the present. 2. The petitioner is a convict who gets convicted of the offence punishable under Sections 302, 307, 143, 147, 148, 452, 324, 326 read with Section 120(B) of IPC and 114 read with Section 149 of IPC in S.C.No.55/2008 and said to be in prison for the last 16 years. 3. The learned counsel for the petitioner submits that the petitioner has been released on parole on several occasions and has returned to the gaol after the expiry of the period. 4. Learned AGA, on verification of the records, would submit that there is nothing adverse recorded against the petitioner when he was out on parole. - 4 - NC: 2025:KHC-D:295 WP No. 107923 of 2024 5. In the light of the aforesaid circumstance, the issue would be whether the petitioner should be released on grant of emergency parole notwithstanding the fact that he has returned to his gaol on completion of the period of parole on 10.12.2024. The petition is moved for grant of emergency parole on a circumstance that has come about after the petitioner returned to the gaol. It is submitted that the father of the petitioner has expired. Therefore, in the light of the expiry of the father of the convict, I deem it appropriate to grant the petitioner emergency parole for a period of 15 days. 6. The learned counsel for the petitioner also submits that the case of the petitioner has been recommended for premature release by the committee and the matter is pending for consideration before the appropriate authority-State. 7. In the light of all the aforesaid circumstance as also the fact that the father of the convict has expired, I - 5 - NC: 2025:KHC-D:295 WP No. 107923 of 2024 deem it appropriate to grant the petitioner emergency parole for a period of 15 days which becomes operational from 10.01.2025. 8. 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/Ramanjani, (CTP No.13766) on general parole from the forenoon of 10.01.2025, till the evening of 24.01.2025 subject to the following conditions: (i) The convict (CTP No.13766) 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.13766) would evade going back to the gaol, after the expiry of the period of general parole. - 6 - NC: 2025:KHC-D:295 WP No. 107923 of 2024 (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.: 2 Sl No.: 3