- 1 - HC-KAR NC: 2026:KHC-D:2217 WP No. 109667 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.109667 OF 2025 (GM-POLICE) BETWEEN: HARINDRA S/O. NARAYANA POOJARY BROTHER OF CONVICT HARIPRASAD S/O. NARAYAN PUJARI, (CTP NO.-3518) AGED ABOUT 42 YEARS, OCC. AGRICULTURE, R/O. 2/6512, GARADI BAKAR V.T.C. YERLAPADY, TQ. KARKALA, DIST. UDAPI, KARNATAKA-574102. …PETITIONER (BY SRI. I. Y. PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, PRISONS AND CORRECTIONAL DEPARTMENT, THROUGH DIRECTOR GENERAL, NO.4 SHESHADRI ROAD, GANDHINAGAR, BENGALURU-560 009. 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. 4. POLICE INSPECTOR, KARKALA POLICE STATION, KARKALLA-574104. …RESPONDENTS (BY SRI. T. HANUMAREDDY, AGA FOR RESPONDENTS) Digitally signed by YASHAVANT NARAYANKAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC-D:2217 WP No. 109667 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO A) ISSUE A WRIT IN NATURE OF CERTIORARI AND QUASH THE ENDORSEMENT ISSUED BY THE RESPONDENT NO.3 BEARING NO.PÉÃ.PÁ.zsÁ/£Áå«- 2/2547/2025-26 DATED 21-11-2025 I.E. VIDE ANNEXURE “E”. B) AND DIRECT THE RESPONDENT NO.3 TO RELEASE THE PETITIONER’S BROTHER, CONVICT NAMELY HARIPRASAD S/O NARAYAN PUJARI (CTP NO.-3518) 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. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, 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 prayer: “a) Issue a writ in nature of certiorari and quash the endorsement issued by the Respondent No.3 bearing no.PÉÃ.PÁ.zsÁ/£Áå«-2/2547/2025-26 dated 21-11-2025 i.e. Vide Annexure “E”. b) And Direct the Respondent No.3 to release the Petitioner’s brother, convict namely Hariprasad S/o - 3 - HC-KAR NC: 2026:KHC-D:2217 WP No. 109667 of 2025 Narayan Pujari (CTP No.-3518) 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 brother of the convict, who is lodged in Central Prison, Dharwad. The Trial Court convicted the convict for the offences punishable under Section 366, 376(D) and 506 r/w 34 of IPC in S.C.No.49/2013 and he is undergoing the sentence of life imprisonment. It is the case of the petitioner that the petitioner’s brother/convict has already undergone 12 years 04 months 23 days imprisonment as on 22.11.2025 and as the occupation of the family of the petitioner is agriculture and the petitioner made a representation for general parole of the convict with respondent No.3 dated 20.11.2025 for the purpose of harvesting of paddy crops, but the respondent No.3 without considering the representation had issued the endorsement stating that the convict is not eligible for general parole. 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 - 4 - HC-KAR NC: 2026:KHC-D:2217 WP No. 109667 of 2025 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. 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. - 5 - HC-KAR NC: 2026:KHC-D:2217 WP No. 109667 of 2025 (ii) Accordingly, the writ petition is disposed off. (iii) All I.As. in this petition shall stand closed. Sd/- JUSTICE LALITHA KANNEGANTI YAN CT: UMD List No.: 1 Sl No.: 49.1