- 1 - HC-KAR NC: 2026:KHC-D:740 WP No. 109802 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 21ST DAY OF JANUARY, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO.109802 OF 2025 (GM-POLICE) BETWEEN: SMT. RENUKA W/O. SHIVAPPA KALLUR WIFE OF CONVICT SHIVAPPA S/O. BASAPPA KALLUR, (CTP-2933) AGED ABOUT 40 YEARS, OCC. HOUSE WORK, R/O. HIREMALLIGAWAD, TQ. AND DIST. DHARWAD, KARNATAKA-580007. …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, PRISONS AND CORRECTIONAL DEPARTMENT, NO.4 SHESHADRI ROAD, GANDHINAGAR, BENGALURU-560009. 3. THE CHIEF SUPERINTENDENT, CENTRAL PRISON, P.B. ROAD, DHARWAD-580008. Digitally signed by VIJAYALAKSHMI M KANKUPPI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC-D:740 WP No. 109802 of 2025 4. THE SUPERINTENDENT OF POLICE, DHARWAD, DIST. DHARWAD-580008. 5. THE POLICE INSPECTOR, RURAL POLICE STATION, DHARWAD-580008. …RESPONDENTS (BY SMT. GIRIJA S.HIREMATH, HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN NATURE OF MANDAMUS AND DIRECT THE RESPONDENT NO.3 TO CONSIDER THE REPRESENTATION DATED 24.11.2025 I.E. ANNEXURE-“C” AND DIRECT TO THE RESPONDENT NO.3 TO RELEASE THE PETITIONER’S HUSBAND, CONVICT NAMELY SHIVAPPA S/O. BASAPPA KALLUR (CTP-2933) ON GENERAL PAROLE FOR A PERIOD OF 90 DAYS IN THE INTEREST OF JUSTICE AND ETC.,. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2026:KHC-D:740 WP No. 109802 of 2025 ORAL ORDER The present writ petition is filed seeking the following prayer: “PRAYER WHEREFORE, it is most humbly prayed before this Hon’ble Court that, be pleased to- “A. Issue a writ in nature of mandamus and direct the respondent No.3 to consider the representation dated 24.11.2025 i.e. Annexure-“C”. B. and Direct to the Respondent No.3 to release the Petitioner’s husband, convict namely Shivappa S/O. Basappa Kallur (CTP-2933) on General parole for a period of 90 days in the Interest of Justice. 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 petitioner is the wife of the convict, who is lodged in Central Prison, Dharwad, and undergoing sentence of life imprisonment for the offence under Section 6 of POCSO Act, 2012. It is the case of the petitioner that her husband had already undergone imprisonment for the actual period of 15 years, 5 months, 4 days, as on 29.11.2025. The occupation of the petitioner's family is agriculture and the petitioner is growing mango and other crops in their agricultural land. Now, it is harvesting season and hence, the presence of the convict is necessary to harvest the crops. It is submitted that the husband - 4 - HC-KAR NC: 2026:KHC-D:740 WP No. 109802 of 2025 of the petitioner has made a representation on 24.11.2025 to the respondent No.3 for grant of general parole for the purpose of harvesting of the crops. The respondent No.3 sought report from the respondent No.4 and till date the respondent No.4 has not submitted report to respondent No.3. Hence, the present writ petition is filed. 3. As per Rule 191 of the Karnataka Prisons Rules, 1974, if no report is received from the Magistrate and the Station House Officer, it is presumed that the concerned Police and the Magistrate have nothing adverse to report against the prisoner. In the light of the same, the respondent No.3 ought to have considered the case of the convict in accordance with law i.e., whether he is entitled for parole or not. The respondent No.3 cannot keep the matter pending without considering the request seeking parole only on the ground that no report is received, which is contrary to Section 191 of the Karnataka Prisons Rules, 1974. Hence, this Court is passing the following: ORDER i. Accordingly, the writ petition is disposed off directing respondent No.3 to consider the - 5 - HC-KAR NC: 2026:KHC-D:740 WP No. 109802 of 2025 representation dated 24.11.2025 within a period of three weeks from the date of receipt of copy of this order. ii. All I.As. in this petition shall stand closed. Sd/- JUSTICE LALITHA KANNEGANTI YAN CT: UMD List No.: 1 Sl No.: 99