- 1 - NC: 2025:KHC-D:732 WP No. 107925 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 17TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO.107925 OF 2024 (GM-RES) BETWEEN: SUDHA BASAPPA HONIHALLI W/O. BASAVARAJ @ BASAPPA, CTOP -4993, AGED ABOUT 26 YEARS, R/O: MAIN ROAD, TAVARGERI, DHARWAD, KARNATAKA - 581 204. …PETITIONER (BY SRI SIRAJUDDIN AHMED, ADVOCATE) AND: 1. STATE OF KARNATAKA, HOME DEPARTMENT, THROUGH PRINCIPAL SECRETARY, VIDHANA SOUDHA, BENGALURU – 560 001. 2. CHIEF SUPERINTENDENT, CENTRAL PRISON, DHARWAD – 580 008. …RESPONDENTS (BY SRI SHARAD V. MAGADUM, AGA) 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 RELEASE PETITIONER’S HUSBAND BASAVARAJ @ BASAPPA CTP-4993 ON GENERAL PAROLE FOR A PERIOD OF 90 DAYS IN ACCORDANCE WITH LAW CITING THAT THE ILLNESS OF PRISONER’S MOTHER WHICH IS EVIDENT Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka - 2 - NC: 2025:KHC-D:732 WP No. 107925 of 2024 FROM MEDICAL CERTIFICATE. THE PRESENCE OF HER HUSBAND WHO IS A CONVICT IS ESSENTIAL TO PROVIDE MEDICAL CARE FOR EFFECTIVE TREATMENT AND RECOVERY AS WELL AS TO BARE ALL MEDICAL EXPENSES AND ETC., THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioner is before this Court seeking release of her husband, who is a convict for the offences punishable under Sections 302, 504 and 506 read with Section 34 of the IPC. 2. The husband of the petitioner gets embroiled in a crime, which leads to his conviction and is now in prison for more than seven years. The petitioner submits a representation for release of her husband on parole. The application comes to be rejected on a Police report which finds its place in the nominal roll of the custody certificate. 3. Learned counsel appearing for the petitioner submits that the husband of the petitioner on an earlier - 3 - NC: 2025:KHC-D:732 WP No. 107925 of 2024 occasion had been released on parole and has returned to the goal without any adverse report against him 4. Learned AGA would object to the release of the husband of the petitioner on parole on the ground that the Police report has gone against him. 5. Be that as it may. In the light of the husband of the petitioner being in prison for fore more than seven years and that the release on parole on an earlier occasion being without any adverse report against him. I deem it appropriate to permit the husband of the petitioner to be released on parole beginning from 20th January 2025 for a period of 30 days with liberty to seek extension of parole which would be considered going to the conduct of the husband of the petitioner out, when he is outside the prison. 6. For the aforesaid reasons, the following: ORDER (1) The Writ Petition is allowed in part. - 4 - NC: 2025:KHC-D:732 WP No. 107925 of 2024 (2) Mandamus issues to respondent No.2 to consider the representation of the petitioner and release the detenue / Basavaraj @ Basappa (CTP-4993) on general parole from the forenoon of 20.01.2025 for a period of 30 days subject to the following conditions: (i) The convict (CTP-4993) 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 goal, in the event, the convict (CTP-4993) would evade going back to the goal, 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 goal 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 husband of the petitioner – convict while he is out on parole. - 5 - NC: 2025:KHC-D:732 WP No. 107925 of 2024 (4) The registry is directed to communicate the order to the prison authority for its execution. Sd/- (M.NAGAPRASANNA) JUDGE Vnp /CT-ASC List No.: 1 Sl No.: 39