Karnataka High Court
Kalavati Kallappa Olekar vs The State Of Karnataka on 5 November, 2025
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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NC: 2025:KHC-D:15100
WP No. 107661 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 5TH DAY OF NOVEMBER 2025
BEFORE
THE HON'BLE MR. JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 107661 OF 2025 (GM-POLICE)
BETWEEN:
KALAVATI KALLAPPA OLEKAR
W/O. KALLAPPA OLEKAR,
MOTHER OF CONVICT KUMARA VAJRAKUMARA,
CTP NO 5043, AGED ABOUT 61 YEARS,
R/O. KALAGHATAGI ROAD,
VTC AND PO HIREHONNIHALLI,
SUB DISTRICT KALAGHATAGI,
DIST: DHARWAD, KARNATAKA -560 001.
...PETITIONER
(BY SRI. UMME SALMA, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
HOME DEPARTMENT, THROUGH PRINCIPAL
SECRETARY, VIDHANA SOUGHA,
BENGALURU - 560 001.
Digitally signed by
VISHAL
NINGAPPA 2. THE CHIEF SUPERINTENDENT,
PATTIHAL
Location: High CENTRAL PRISON,
Court of Karnataka,
Dharwad Bench, DHARWAD-580 008.
Dharwad ...RESPONDENTS
(BY SRI. T. HANUMAREDDY, AGA FOR RESPONDENT/STATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE
RESPONDENT NO.2 TO RELEASE THE PETITIONERS SON,
CONVICT, NAMELY KUMARA VAJRAKUMAR S/O. KALLAPPA
OLEKAR (CTP-5043), ON GENERAL PAROLE FOR A PERIOD OF 90
DAYS IN THE INTEREST OF JUSTICE AND ETC.,
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NC: 2025:KHC-D:15100
WP No. 107661 of 2025
HC-KAR
THIS WRIT PETITION, COMING ON FOR PRELIMINARY
HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA)
1. The mother of the convict is at the doors of this Court
seeking release of her son on grant of parole.
2. Heard the learned counsel for the petitioner and the
learned AGA for the respondents.
3. The convict - son of the petitioner gets embroiled in
a crime and is tried in S.C.No.05/2016 for the offences
punishable under Sections 302, 143, 147, 148 and 341 of the
IPC. He is sentenced in terms of the judgment of the concerned
Court date 18.04.2016. The convict files an application before
the jail authorities of Central Jail Dharwad, seeking general
parole, which comes to be rejected. The petitioner after the said
denial of the application, is knocking at the doors of this Court
seeking the enlargement of her son - the convict on general
parole, on the ground that the convict's father is paralyzed and
the convict is required for cultivation of their land.
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4. The learned counsel to the petitioner projects that all
the co-accused in the same crime have all been granted parole
on completion of 2 years and 5 months of imprisonment. The
counsel for the petitioner takes this Court
to the imprisonment certificate appended to the petition, which
does demonstrate that the convict has been in prison for over 2
years and 2 months and that the conduct of the convict in
prison is satisfactory. This is the first time the convict - son of
the petitioner is availing parole is the submission of the learned
counsel appearing for the petitioner.
5. The learned AGA would not dispute the position that
the conduct of the convict in the prison has been good in terms
of the imprisonment certificate.
6. In that light, I deem it appropriate to grant the son of
the petitioner parole for a period of thirty days reserving liberty
to seek extension, based on the conduct of the convict - son of
the petitioner while on parole.
7. For the aforesaid reasons, the following:
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ORDER
i. The Writ Petition is allowed in part.
ii. Mandamus issues to respondent No.2 to consider
the application of the convict and release the
convict (CTP No.5043) - Kumara Vajrakumara
Kallappa Olekar, on general parole for a period of
thirty days which would become operational from
the date of release of the convict from the jail,
subject to the following conditions:
a. The convict (CTP No.5043) shall mark his
attendance in the jurisdictional police station,
weekly once throughout the period of his
parole and it would be the responsibility of the
jurisdictional Police to take him to gaol, in the
event, the convict (CTP No.5043) would evade
going back to the gaol, after the expiry of the
period of general parole.
b. Respondent No.1 shall stipulate strict
conditions as are usually stipulated to ensure
return of the convict to the gaol and that he
shall not commit any other offence during the
period of parole.
c. The petitioner is at liberty to seek extension of
parole which shall be considered looking at the
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conduct of the convict while he is out on
parole.
d. The registry is directed to communicate the
order to the prison authority for its execution.
Sd/-
(M.NAGAPRASANNA)
JUDGE
kmv
CT-ASC
