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High Court of Karnataka · body

2025 DAILYLAW 85970 (KAR)

MR. AKASH SAIDU MANE S/O SAIDDAPPA v. STATE OF KARNATAKA

WP/108346/2025 · 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:15620 WP No. 108346 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. 108346 OF 2025 (GM-POLICE) BETWEEN: MR. AKASH SAIDU MANE S/O. SAIDDAPPA AGED MAJOR, OCC. PRISON, R/O. CTP NO. 13675, CENTRAL PRISON, BELLARY, CENTRAL PRISON, BELLARY, AS PETITIONER IS IN CUSTODY, REPRESENTED BY HIS MOTHER SMT. LAXMIBAYI MANE, W/O. SAIDAPPA, AGED ABOUT 46 YEARS, R/AT. SAIDAPUR GALLI, WARD NO.3, MUDHOL, BAGALKOT DISTRICT 587313. …PETITIONER (BY SRI. GIRISH M. PATIL, ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF LAW, JUSTICE AND HUMAN RIGHTS, BANGALORE 560001 2. STATE OF KARNATAKA REPRESENTED BY ITS UNDER SECRETARY, DEPARTMENT OF HOME, PRISON AND CINEMA, BANGALORE 560001 3. THE DIRECTOR GENERAL POLICE AND INSPECTOR GENERAL OF PRISONS SHESHADRI ROAD, BANGALORE 560001. Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:15620 WP No. 108346 of 2025 4. THE CHIEF SUPERINTENDENT OF CENTRAL PRISONS CENTRAL JAIL, BELLARY DISTRICT 583103. …RESPONDENTS (BY SRI.T. HANUMAREDDY, 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 OR ORDER AS PER ANNEXURE-D ENDORSEMENT DATED 21.06.2025 BEARING NO. ¸ÀA.PÉÃPÁmÁ ¸ÀA.PÉÃPÁmÁ ¸ÀA.PÉÃPÁmÁ ¸ÀA.PÉÃPÁmÁ / NYAVI-1/2084/2025 AS DIRECT THE RESPONDENT NO.4 TO CONSIDER THE REQUEST MADE BY THE PETITIONER TO EXTEND REMISSION AND TO RELEASE HIM ON GENERAL PAROLE FOR A PERIOD OF 90 DAYS FROM CENTRAL PRISON, BELLARY IN ACCORDANCE WITH LAW. 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 the following reliefs: a. “Issue Writ of Mandamus or any other appropriate Writ or Order as per Annexure-D Endorsement dated 21.06.2025 bearing no. ¸ÀA.PÉÃPÁmÁ ¸ÀA.PÉÃPÁmÁ ¸ÀA.PÉÃPÁmÁ ¸ÀA.PÉÃPÁmÁ /NYAVI- 1/2084/2025 as direct the Respondent No.4 to consider the request made by the Petitioner to extend remission and to release him on General Parole for a period of 90 days from Central Prison, Bellary in accordance with law. b. Issue any other Writ or Order or Direction that deems fit to grant in the circumstances of the case in the interest of justice and equity.” - 3 - HC-KAR NC: 2025:KHC-D:15620 WP No. 108346 of 2025 2. Heard Sri. Girish N. Patil, learned counsel for the petitioner and T. Hanumareddy, learned AGA for the respondents. 3. The petitioner – convict gets embroiled in a crime for offecnes under Section 302 of the IPC and has been convicted for life in S.C. No.79/2020. The imprisonment certificate appended to the petition depicts that the petitioner has undergone imprisonment for a period of 5 years and 17 days. There is nothing adverse indicated in the said imprisonment certificate. The petitioner-convict, files an application before the jail authorities of Central Jail Bellary, seeking general parole, which comes to be rejected. The petitioner after the said denial of the application, is knocking at the doors of this Court seeking his enlargement on general parole. 4. The learned counsel for the petitioner submits that this is the first time the petitioner is applying for parole and that the petitioner’s mother is ailing and requires the presence of her son for at least some time. 5. The learned AGA also submits that there is no adverse report against the petitioner during his imprisonment. - 4 - HC-KAR NC: 2025:KHC-D:15620 WP No. 108346 of 2025 6. In the light of the aforesaid circumstances, I deem it appropriate to grant parole to the petitioner – convict (CTP No. 13675) for a period of thirty 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.2 to consider the representation of the petitioner and release the convict (CTP No.13675) – Mr. Akash S/o. Saidu Mane on general parole for a period of 30 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.13675) 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 - 5 - HC-KAR NC: 2025:KHC-D:15620 WP No. 108346 of 2025 Police to take him to gaol, in the event, the convict (CTP No.13675) would evade going back to the gaol, after the expiry of the period of general parole. (ii) Respondent No.4 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. (1) 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. (2) The registry is directed to communicate the order to the prison authority for its execution. Sd/- (M.NAGAPRASANNA) JUDGE AC CT:ANB List No.: 1 Sl No.: 106