- 1 - HC-KAR NC: 2025:KHC-K:3757 WP No. 200299 of 2025 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 9TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.200299 OF 2025 (GM-POLICE) BETWEEN: ASFIYA BEGUM, WIFE OF PRISONER SHAMS TABREZ (CTP NO.913), AGED ABOUT 34 YEARS, R/O 10-10-21/5, INDIRA GANDHI PURAM, FATHE NAGAR, PITTALA BAATH, STREET NO.2 SANATHNAGAR, HYDERABAD, TELANGANA-500018. …PETITIONER (BY SRI. SIRAJUDDIN AHMED, ADVOCATE) AND: 1. STATE OF KARNATAKA HOME DEPARTMENT, THROUGH PRINCIPAL SECRETARY, VIDHANA SOUDHA, BENGALURU-560001. 2. CHIEF SUPERINTENDENT, CENTRAL PRISON, KALABURAGI-585201. …RESPONDENTS (BY SRI. MALLIKARJUN SAHUKAR, AGA) Digitally signed by VARSHA N RASALKAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3757 WP No. 200299 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: A) DIRECT THE RESPONDENT NO.2 TO RELEASE THE BROTHER OF THE PETITIONER SHAMS TABREZ (CTP NO.913) LODGED AT KALABURAGI PRISON, ON GENERAL PAROLE FOR A PERIOD OF 90 DAYS TO LOOK AFTER HIS AILING WIFE AND SUPPORT HIS FAMILY DURING THIS TIME OF GRIEF. 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, - 3 - HC-KAR NC: 2025:KHC-K:3757 WP No. 200299 of 2025 2021 and in the instant case, the necessary application has not been made. 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 - 4 - HC-KAR NC: 2025:KHC-K:3757 WP No. 200299 of 2025 husband of the petitioner herein and upon the prisoner submitting the necessary form, the same shall be processed in accordance with law 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.: 25 CT:SI