- 1 - HC-KAR NC: 2025:KHC-D:10351 WP No. 105813 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 18TH DAY OF AUGUST 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 105813 OF 2025 (GM-POLICE) BETWEEN: BASAVARAJ MAHADEVAPPA YALIVAL CTP 5051 S/O. SHIVAPPA MAHADEVAPPA YALIVAL, AGED ABOUT 40 YEARS, R/AT DHARWAD CENTRAL PRISON, DHARWAD – 580 008. R/BY HIS FATHER SHIVAPPA MAHADEVAPPA YALIVAL S/O MAHADEVAPPA YALIVAL AGED ABOUT 70 YEARS, R/O HIREHONNALLI, KALAGHATAGI HIREHONNALLI, DHARWAD DIST. KARNATAKA 580114 …PETITIONER (BY SRI. SIRAJUDDIN AHMED., ADVOCATE) AND: 1. STATE OF KARNATAKA HOME DEPARTMENT THROUGH PRINCIPAL SECRETARY VIDHAN SOUDHA, DHARWAD – 560 001. 2. CHEIF SUPERINTENDENT, CENTRAL PRISON, DHARWAD – 580 008. 3. SHO KALAGHATAGI TOWN P.S., DHARWAD 581204. (JURISDICTIONAL POLICE STATION) …RESPONDENTS (BY SRI. SHARAD V. MAGADUM., AGA FOR R1 TO R3) GIRIJA A. BYAHATTI Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench Date: 2025.08.19 15:27:52 +0530 - 2 - HC-KAR NC: 2025:KHC-D:10351 WP No. 105813 of 2025 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 CONVICT PETITIONER BASAVARAJ MAHADEVAPPA YALIVAL CTP-5051 LODGED IN DHARWAD PRISON ON GENERAL PAROLE FOR A PERIOD OF 90 DAYS IN ACCOUNT OF MEDICAL EMERGENCY FOR FATHER OF PETITIONER AND ETC. THIS WRIT PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Learned AGA accepts notice for respondents No.1 to 3. 2. The petitioner is before this Court seeking for the following reliefs: i. To direct the R2 to release convict petitioner Basavaraj Mahadevappa Yalival CTP-5051 lodged in Dharwad prison on general parole for a period of 90 days in account of medical emergency for father of petitioner. ii. Pass any other order(s) which this court may deem fit and proper under the facts and circumstances of the case, in the interest of justice. 3. The above petition has been filed by the father of one Sri.Basaraj Shivappa Yalival (CTP No.5051), - 3 - HC-KAR NC: 2025:KHC-D:10351 WP No. 105813 of 2025 though in the petition his name is mentioned as Sri. Basavaraj Mahadevappa Yalival. Learned counsel for the petitioner submits that the same is by way of typographical error and as such he seeks for correction, which is so permitted. 4. The convict Sri.Basaraj Shivappa Yalival had been convicted for offences under Section 143, 147, 148, 341, 302 read with Section 149 of the IPC in SC No.5 of 2016. On an earlier application having been filed, the petitioner had been released on parole for a period of 30 days in the last calendar year. 5. The present application has been filed for the release of the said Sri.Basaraj Shivappa Yalival (CTP No.5051) for a period of 90 days, on account of medical emergency for treatment of the father of the petitioner. - 4 - HC-KAR NC: 2025:KHC-D:10351 WP No. 105813 of 2025 6. On enquiry with the learned AGA as regards the conduct of the petitioner during the last release on parole. Learned AGA upon instructions submits that there is no complaint against the said convict and he had reported back to the prison authorities after the completion of the parole period. 7. In that view of the matter, I am of the considered opinion that for the purpose of integrating the petitioner with the Society at a later point of time, it would be in the interest of the Society and the petitioner to permit a further parole to take care of the medical emergency of his father. 8. In that view of the matter, I pass the following; ORDER i. The writ petition is allowed. ii. Respondent No.2- the Chief Superintendent, Central Prison, Dharwad is directed to release - 5 - HC-KAR NC: 2025:KHC-D:10351 WP No. 105813 of 2025 the Sri.Basaraj Shivappa Yalival (CTP No.5051) on parole for a period of 60 days, subject to the following conditions. A. The prisoner (CTP No.5051) 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.5051) would evade going back to the gaol, after the expiry of the period of general parole. B. Respondent No.1 shall stipulate strict conditions as are usually stipulated to ensure return of the detenu to the gaol and that he shall not commit any other offence during then period of parole. - 6 - HC-KAR NC: 2025:KHC-D:10351 WP No. 105813 of 2025 iii. The registry is directed to communicate the order to the prison authority for its immediate execution. Sd/- (SURAJ GOVINDARAJ) JUDGE SR/List No.: 1 Sl No.: 54