Karnataka High Court
Pharvin W/O Shavahal Hameed vs State Of Karnataka on 21 February, 2025
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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NC: 2025:KHC-D:3652
WP No. 101129 of 2025
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 21ST DAY OF FEBRUARY, 2025
BEFORE
THE HON'BLE MR. JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 101129 OF 2025 (GM-POLICE)
BETWEEN:
PHARVIN W/O. SHAVAHAL HAMEED,
MOTHER OF RAFIQ @ MUNNA CTP -807
AGED ABOUT 60 YEARS,
R/O: 155, 2ND STAGE,
RML NAGARA, NEAR KALANDARIYA MASJID,
SHIMOGA, KARNATAKA- 577201.
...PETITIONER
(BY SRI SIRAJUDDIN AHMED, ADVOCATE)
AND:
1. STATE OF KARNATAKA,
HOME DEPARTMENT,
Digitally signed THROUGH PRINCIPAL SECRETARY,
by VISHAL
NINGAPPA VIDHANA SOUDHA,
PATTIHAL
BENGALURU- 560001,
Location: High
Court of REPRESENTED BY AGA
Karnataka, HIGH COURT BUILDINGS
Dharwad Bench
DHARWAD -580011.
2. THE CHIEF SUPERINTENDENT
CENTRAL PRISON,
BELAGAVI, KARNATAKA- 591108.
...RESPONDENTS
(BY SRI SHARAD V. MAGADUM, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND
227 OF THE CONSTITUTION OF INDIA IS PRAYING TO,
WHEREFORE IT IS MOST RESPECTFULLY PRAYED THAT THIS
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NC: 2025:KHC-D:3652
WP No. 101129 of 2025
HON'BLE COURT MAY GRACIOUSLY BE PLEASED TO ISSUE
WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT(S),
ORDER(S) OR DIRECTION(S) AND THEREBY; A. DIRECT THE
RESPONDENT NO. 2 TO RELEASE THE SON OF THE PETITIONER
RAFIQ @ MUNNA CTP-807 ON GENERAL PAROLE FOR A PERIOD
OF 90 DAYS IN THE INTEREST OF JUSTICE. B. PASS ANY
OTHER ORDER(S) WHICH THIS COURT MAY DEEM FIT AND
PROPER UNDER THE FACTS AND CIRCUMSTANCES OF THE
CASE, IN THE INTEREST OF JUSTICE.
THIS PETITION, COMING ON FOR ORDERS, 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 before this Court seeking release of her son on grant of parole.
2. The learned counsel for the petitioner submits that the Coordinate bench has granted parole qua to the co-accused, who is also undergoing imprisonment for 30 years for the offence punishable under Section 302 of IPC.
The Coordinate Bench in W.P.No.29280/2024 disposed on 04.11.2024 has held as follows:
"The petitioner's husband, Madhu @ Madhurnath, bearing Convict No. 806, has been convicted of an offence punishable under Section 302 of the Indian Penal Code (IPC) and sentenced to undergo imprisonment for a period of 30 years.-3-
NC: 2025:KHC-D:3652 WP No. 101129 of 2025
2. The petitioner is seeking a direction to the respondents to grant parole to her husband, citing her mother's serious health condition, specifically heart disease, as evidenced by a medical certificate issued by Ayushman Clinic, Hosanagar. The petitioner's husband has been in judicial custody for over 19 years as of the current date. Notably, he was previously released on parole, during which there was no record of any violation of parole conditions. The petitioner asserts that her husband's presence is required to provide essential support and assistance to his ailing mother-in-law during her treatment.
3. Given the established circumstances and the compelling humanitarian grounds, the petitioner has presented a prima facie case for the release of her husband on parole.
4. Accordingly, I pass the following;
ORDER i. Writ petition is allowed.
ii. The respondents are here by directed to release the petitioner's husband Madhu @ Madhurnath CTP.No.806 on parole for the period of 90 days from the date of his release.
iii. The respondents are at liberty to impose such conditions as are normally stipulated to ensure the return of the petitioner to the prison.
iv. Violation of any of the parole conditions would result in cancellation of parole automatically.
v. Registry to communicate this order to the jail authorities through electronic mail."
3. In the light of the Coordinate bench granting parole to the co-accused, on the same footing, it deem it appropriate to release the petitioner on parole on the -4- NC: 2025:KHC-D:3652 WP No. 101129 of 2025 aforesaid terms as held in W.P.No.29280/2024 disposed on 04.11.2024.
4. For the aforesaid reasons, I pass the following:
ORDER i. Writ petition is allowed.
ii. The respondents are hereby directed to release the petitioner's son Rafiq @ Munna CTP.No.807 on parole for the period of 90 days from the date of his release.
iii. The respondents are at liberty to impose such conditions as are normally stipulated to ensure the return of the petitioner to the prison.
iv. Violation of any of the parole conditions would result in cancellation of parole automatically.
v. Registry to communicate this order to the jail authorities through electronic mail.
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(M.NAGAPRASANNA) JUDGE KGK/CT-GTB List No.: 1 Sl No.: 87