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2025 DAILYLAW 85416 (KAR)

SMT. ANITA W/O SUNIL PATIL SISTER OF CONVICT AMIT NARAYAN KEDARI (CTP NO. 2990) v. THE STATE OF KARNATAKA

WP/109363/2025 · 2025-12-08

M Nagaprasanna

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC-D:17486 WP No. 109363 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 8TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 109363 OF 2025 (GM-POLICE) BETWEEN: SMT. ANITA W/O. SUNIL PATIL SISTER OF CONVICT AMIT NARAYAN KEDARI (CTP NO. 2990) AGED ABOUT 53 YEARS, R/O. YAVAGAL PLOT, HOSUR, HUBLI, DIST. DHARWAD 580021. …PETITIONER (BY SRI. I. Y. PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA HOME DEPARTMENT, THROUGH PRINCIPAL SECRETARY, VIDHANA SOUDHA, BENGALURU 560001. 2. THE DIRECTOR GENERAL PRINSONS AND CORRECTIONAL DEPARTMENT, NO.4, SHESHADRI ROAD, GANDHINAGAR, BENGALURU 560009. 3. THE CHIEF SUPERINTENDENT CENTRAL PRISON, P. B. ROAD, DHARWAD-580008. 4. THE COMMISSIONER OF POLICE HUBBALLI-DHARWAD CITY, DIST. DHARWAD 580025. Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:17486 WP No. 109363 of 2025 5. THE ASST. COMMISSIONER OF POLICE DHARWAD TOWN, SUB-DIVISION, DHARWAD 580001. …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 IN THE NATURE OF MANDAMUS TO THE RESPONDENT NO.3 TO CONSIDER THE REPRESENTATION DATED. 14-11-2025 I.E., ANNEXURE-C 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, who is the sister of the convict, is before this Court seeking for the following reliefs: a. Issue a writ in the nature of mandamus to the respondent No.3 to consider the representation dated. 14-11-2025 i.e., Annexure-C. b. And Direct the Respondent No.3 to release the brother of the Petitioner’s i.e., convict namely Amit Narayan Kedari (CTP No. 2990) on General parole for a period of 90 days in the interest of justice and equity. c. Grant such other relief/s that this Hon’ble Court deems fit to grant in the circumstances of the case, in the interest of justice and equity. 2. The convict-brother of the petitioner gets embroiled in a crime which results in his conviction for offences punishable - 3 - HC-KAR NC: 2025:KHC-D:17486 WP No. 109363 of 2025 under Sections 302 and 201 of the IPC and Sections 3(1)(xii) & 3(2)(v) of the SC/ST (POA Act), 1989. 3. The convict as on today completed 17 years 17 days of imprisonment, including the period of remission. The imprisonment certificate appended to the petition does not indicate anything adverse against the convict in the prison. 4. In that light, I deem it appropriate to permit the convict to be released on parole for a period of sixty 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.3 to consider the representation of the petitioner and release the convict (CTP No.2990) – Amit Narayan Kedari, on general parole for a period of sixty 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.2990) shall mark his attendance in the jurisdictional police - 4 - HC-KAR NC: 2025:KHC-D:17486 WP No. 109363 of 2025 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.2990) 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 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. (4) The registry is directed to communicate the order to the prison authority for its execution. Sd/- (M.NAGAPRASANNA) JUDGE KGK CT:ANB List No.: 2 Sl No.: 19