Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC-K:3617 WP No. 200961 of 2025
IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 3RD DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN
WRIT PETITION NO.200961 OF 2025 (GM-POLICE) BETWEEN:
GANGAMMA WIFE OF RAMESH CTP-76, AGED ABOUT 28 YEARS, R/O HOSPET, RAICHUR, KARNATAKA-584134.
…PETITIONER (BY SRI. SIRAJUDDIN AHMED, ADVOCATE)
AND:
1.
STATE OF KARNATAKA HOME DEPARTMENT, THROUGH PRINCIPAL SECRETARY VIDHANA SOUDHA, BENGALURU - 560001.
REPRESENTED BY AGA HIGH COURT BUILDING, KALABURGI.
2.
CHIEF SUPERINTENDENT CENTRAL PRISON KALABURAGI-585201. …RESPONDENTS
(BY SRI. MALLIKARJUN SAHUKAR, 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
Digitally signed by VARSHA N RASALKAR Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC-K:3617 WP No. 200961 of 2025
WRIT(S), ORDER(S) OR DIRECTION(S) AND THEREBY A) DIRECT THE RESPONDENT NO.2 TO RELEASE PETITIONER’S HUSBAND RAMESH CTP-76 ON GENERAL PAROLE FOR A PERIOD OF 90 DAYS IN ACCORDANCE WITH LAW CITING THAT ILLNESS OF CONVICT AND ALSO PETITIONER.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.I.ARUN
ORAL ORDER (PER: HON'BLE MR. JUSTICE M.I.ARUN) The writ petitioner in the instant writ petition has prayed for her husband to be released on parole, who is convicted for life.
2. Learned Additional Government Advocate, upon instructions, submits that the parole application is to be submitted as per the procedure required in law as per Section 55 of the Karnataka Prisons Act, 1963 and Rule 191 of the Karnataka Prisons Rules, 1974 R/w Rule 638 of the Karnataka Prisons and Correctional Services Manual, 2021 and in the instant case, the necessary application has not been made.
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HC-KAR NC: 2025:KHC-K:3617 WP No. 200961 of 2025
3.
Learned counsel for the petitioner submits that the prisoner in the instant case is uneducated and though he wants to make the necessary application for parole, the authorities concerned are not co-operating, because of which, the petitioner is constrained to file the instant writ petition.
4. The law requires that application for parole has to be done in a particular manner and the prisoner seeking parole has to follow the same. The authorities concerned are also required to do their duty in right earnest and cannot harass the prisoner.
5. Hence, the following:
ORDER i. Respondent No.2 shall forthwith make available Form No.9 as contemplated in law to the husband of the petitioner herein and upon the prisoner submitting the necessary form, the same shall be processed in accordance with law
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HC-KAR NC: 2025:KHC-K:3617 WP No. 200961 of 2025
and appropriate decision shall be taken by the authorities concerned as expeditiously as possible. ii. Writ petition stands disposed of accordingly.
Sd/- (M.I.ARUN) JUDGE
VNR List No.: 1 Sl No.: 28 CT:SI