- 1 - HC-KAR NC: 2026:KHC-D:2218 WP No. 108062 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 12TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO.108062 OF 2025 (GM-POLICE) BETWEEN: SMT. SUJATA W/O SANAGAPPA YALIVALA WIFE OF CONVICT SANGAPPA S/O SHIVAPPA YALIVALA (CTP-5040) AGED ABOUT 34 YEARS, R/O. HIREHONNAHALLI, KALAGHATAGI, DIST. DHARWAD-580114. …PETITIONER (BY SRI. I. Y. PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, HOME DEPARTMENT, THROUGH PRINCIPAL SECRETARY, VIDHANA SOUDHA, BENGALURU-560 001. 2. THE CHIEF SUPERINTENDENT CENTRAL PRISON, P.B. ROAD, DHARWAD-580008. 3. THE SUPERINTENDENT OF POLICE, DHARWAD DIST. DHARWAD-580008. …RESPONDENTS (BY SRI. T. HANUMAREDDY, AGA FOR RESPONDENTS) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING TO A) ISSUE A WRIT OF CERTIORARI AND QUASH THE IMPUGNED REPORT BEARING NO. 720/r.¹.Dgï.©/4/¥ÉgÉÆî/1740/2025 DATED 24.04.2025 SUBMITTED BY THE RESPONDENT NO. 3 VIDE ANNEXURE “D”. B) AND DIRECT THE RESPONDENT NO. 2 TO RELEASE THE HUSBAND OF THE PETITIONER’S I.E., CONVICT NAMELY SANGAPPA S/O SHIVAPPA YALIVALA (CTP- 5040) 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. Digitally signed by YASHAVANT NARAYANKAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC-D:2218 WP No. 108062 of 2025 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 ORAL ORDER The present writ petition is filed seeking the following prayers: “a) Issue a writ of certiorari and quash the impugned report bearing No.720/r.¹.Dgï.©/4/¥ÉgÉÆî/1740/2025 dated 24.04.2025 submitted by the Respondent no. 3 vide Annexure-“D”. b) And Direct the Respondent No. 2 to release the husband of the Petitioner’s i.e., convict namely Sangappa s/o Shivappa Yalivala (CTP-5040) 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 grievance of the petitioner is that the petitioner is the wife of the convict, who is lodged in Central Prison, Dharwad. The Trial Court convicted him for the offences punishable under Section 302, 143, 147, 148, 341 of IPC in S.C.No.05/2016 and he is undergoing the sentence of life imprisonment. The criminal appeal filed by the convict was dismissed by this Court confirming the orders passed by the - 3 - HC-KAR NC: 2026:KHC-D:2218 WP No. 108062 of 2025 Trial Court. Against the said order, he preferred a Special Leave Petition before the Hon’ble Supreme Court and the same is pending consideration. 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.2 and 3 ought to have considered the case of the convict in accordance with law i.e., whether he is entitled for parole or not. They cannot keep the matter without considering the said representation, which is contrary to the Karnataka Prisons Rules, 1974. 4. It is the case of the petitioner that the petitioner’s husband/convict has already undergone 3 years 1 month 1 day imprisonment as on 20.10.2025 and as the petitioner is suffering from cervical spondylosis, the convict made a representation to respondent No.2 for grant of general parole. Thereafter, respondent No.2 called for a report from respondent No.3. Respondent No.3 submitted a report on 24.04.2025 wherein requested not to grant parole to the convict. On the - 4 - HC-KAR NC: 2026:KHC-D:2218 WP No. 108062 of 2025 basis of the report submitted by respondent No.3, respondent No.2 has not passed any order. 5. When a representation is made seeking parole, the respondents are supposed to consider the same as per Rule 191 of the Karnataka Prison Rules, 1974, and by calling for a report, they cannot keep quiet. In view of the inaction on the part of the respondents, several cases are coming before the Court seeking parole. Under Rule 191 of the Karnataka Prisons Rules, 1974, when the respondents are bound to pass an order, why they are not passing the order is not known to this Court. Hence, this Court is passing the following: ORDER (i) The respondents shall consider the case of the petitioner in accordance with law. (ii) Accordingly, the writ petition is disposed off. (iii) All I.As. in this petition shall stand closed. Sd/- JUSTICE LALITHA KANNEGANTI YAN CT: CNB, List No.: 1 Sl No.: 49