Karnataka High Court
Pavithra H V vs State Of Karnataka on 14 October, 2025
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
-1-
NC: 2025:KHC-D:13821
WP No. 107039 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA,AT DHARWAD
DATED THIS THE 14TH DAY OF OCTOBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 107039 OF 2025 (GM-POLICE)
BETWEEN:
PAVITHRA H. V. W/O. NAGENDRA K @ NAGESH
CTP - 4279, AGED ABOUT 34 YEARS,
R/A FLAT NO.401, 5TH FLOOR, PLATIMUN PURVA,
GNANAKSHI LAYOUT, R.R.NAGAR,
RAJARAJESHWARINAGAR, BANGALORE- 560 098.
...PETITIONER
(BY SRI. SIRAJUDDIN AHMED, ADVOCATE)
AND:
1. STATE OF KARNATAKA, HOME DEPARTMENT,
THROUGH PRINCIPAL SECRETARY,
VIDHANA SOUDAH, BENGALURU - 560 001.
2. CHIEF SUPERINTENDENT,
Digitally signed by
CENTRAL PRISON, BELAGAVI - 591 108.
RAKESH S ...RESPONDENTS
HARIHAR
Location: High (BY SRI. V.S.KALASURMATH,
Court of
Karnataka, AGA FOR RESPONDENT/STATE R1 & R2)
Dharwad Bench,
Dharwad
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, DIRECT THE RESPONDENT NO.2 TO
RELEASE THE PETITIONER'S HUSBAND NAGENDRA K @ NAGESH CTP-
4279 ON GENERAL PAROLE FOR A PERIOD OF 90 DAYS IN ORDER TO
HAVE CONJUGAL OBLIGATIONS AND TO HAVE SOCIAL TIES AND TO
MAKE NECESSARY FINANCIAL ARRANGEMENTS FOR THE EDUCATION
OF CONVICT'S DAUGHTER AND ALSO TO MAKE THE ARRANGEMENTS
OF THE CONVICT'S HOUSE THE PRESENCE OF THE PETITIONER'S
HUSBAND IS ESSENTIAL AND NECESSARY AND ETC.,
-2-
NC: 2025:KHC-D:13821
WP No. 107039 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 petitioner is before this Court seeking
release of the convict - her husband on parole.
2. The husband of the petitioner gets convicted for
an offence punishable under Section 302 of the IPC. The
petitioner had approached this Court in Writ Petition
No.22686 of 2024 seeking release of her husband on
parole.
3. The Coordinate Bench of this Court grants parole
by the following order:
"The petitioner's son (CTP No.4279), who has
been convicted in SC No.10003/2017 by the learned
V Addl. District and Sessions Judge, Tiptur, by
judgment dated 5.11.2018 for the offences
punishable under Sections 302, 394, 201 read with
Section 34 of IPC, and sentenced to undergo life
imprisonment, is before this Court.
2. The petitioner is seeking a directive to
the respondents-police to release her son on parole
citing that she is diagnosed with left shoulder rotator
cuff irreparable tear, complete tear of supraspinatus
tendon, tendinosis of subscapular tendon,
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HC-KAR
degereative changes involving acromioclavicular
joint, C6 C7 disc bulge, C3-4 C4-5 C5-6 diffudse disc
bulge, anterior subarachnoid space narrowing of left
neural foramina, spinal canal stenosis, lordosis of
cervical spine, hypertensive crises withihd with
spleenomergaly with severe anemia with old
ischaemic heart disease associated cardiomyopathy,
which is evident from Annexure-A. She is aged 53
years, and requires support of her son for a limited
period of taking treatment.
3. The petitioner's son has been in custody
for more than eight years, and on previous occasion,
he was granted parole, and he has no record of
violating the conditions of parole. Therefore,
petitioner has established a prima facie case to
release the petitioner on parole. Accordingly, I pass
the following:
ORDER
i) The petition is allowed.
ii) The respondent No.2 is directed to
release the petitioner's son (CTP No.4279) on parole
for a period of ninety days from the date of release
subject to the condition that the convict shall not
involve in any unlawful activities during the period of
parole.
iv) The respondents are at liberty to impose
conditions as are usually stipulated to ensure the
return of the convict to the prison, and that he shall
not commit any other offence during the period of
parole.
v) The parole granted stands automatically
cancelled if the petitioner violates of any of the
stipulated conditions.
vi) The convict to mark his attendance with
the jurisdictional police on the first day of every
week.
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HC-KAR
vii) The Registry is directed to communicate
this order to the Jail Authority through electronic
mail."
4. The convict after expiry of the term as is found in
the aforementioned order returns to his gaol and there is no
adverse remark before the prison authorities. Therefore, I
deem it appropriate to permit the convict to be released on
parole for a period of sixty days, which would become
operational from the date of release, of the convict from the
jail. Accordingly, the following:
ORDER
(1) The Writ Petition is allowed.
(2) Mandamus issues to respondent No.2 to
consider the representation of the petitioner
and release the convict (CTP No.4279) -
Nagendra K., on general parole for a period
of sixty days, which would become
operational from the date of release of the
convict from the jail, subject to the following
conditions:
(i) The convict (CTP No.4279) shall mark
his attendance in the jurisdictional
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HC-KAR
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.4279) would evade
going back to the gaol, after the expiry
of the period of general parole.
(ii) 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.
(3) The petitioner is at liberty to seek extension
of parole, which shall be considered looking
at the conduct of the convict while he is out
on parole.
(4) The registry is directed to communicate the
order to the prison authority for its
execution.
Sd/-
(M.NAGAPRASANNA)
JUDGE
VNP/CT-ASC
