Reshma Mabusaab Mulla Vs State of Karnataka

RESHMA MABUSAAB MULLA, WIFE OF MABUSAB DAUGHTER OF CONVICT, RASOOL S/O. FAKRUSAB MULLA, (CTP-3581) AGED ABOUT 28 YEARS, R/O: NO. 601, MADDI ONI, RAMDURG, BELAGAVI, KARNATAKA – 591 123.

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…PETITIONER

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(BY SRI. UMME SALMA, ADVOCATE)

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AND:

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Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench, Dharwad

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STATE OF KARNATAKA, HOME DEPARTMENT, THROUGHT PRINCIPAL SECRETARY, VIDHANA SOUDHA, BENGALURU – 560 001.

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THE CHIEF SUPERINTENDENT, CENTRAL PRISON, BELAGAVI, KARNATAKA – 591 108.

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…RESPONDENTS

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(BY SRI. SHARAD V. MAGADUM, AGA FOR R1 & R2)

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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 FATHER CONVICT NAMED RASOOL S/O. FAKRUSAB MULLA (CTP NO. 3581) ON GENERAL PAROLE FOR A PERIOD OF 90 DAYS IN THE INTEREST OF JUSTICE AND ETC.,

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2 -

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NC: 2025:KHC-D:10274 WP No. 102242 of 2025

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HC-KAR

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THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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ORAL ORDER

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(PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ)

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The petitioner is before this Court seeking for the following reliefs:

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Issue writ of mandamus or any other appropriate writ(s), order(s) or direction(s) and thereby;

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A. Direct the Respondent No.2 to release the Petitioner’s father convict named Rasool S/O. Fakrusab Mulla (CTP No. 3581) on general parole for a period of 90 days in the interest of justice.

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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.

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The daughter of the convict by name Rasool S/o Fakrusab Mulla, CTP No.3581, has filed the above petition seeking for general parole in respect of her father, who had been convicted for the offences punishable under Section 302 of the Indian Penal Code (for short ‘IPC’) by the X Additional District and Session Judge, Belagavi in S.C.No.45/2015 for life imprisonment and as on

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3 - NC: 2025:KHC-D:10274 WP No. 102242 of 2025

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HC-KAR

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10.02.2025, the convict has undergone a total

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sentence of 9 years, 8 months, 22 days.

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The petition has been filed on the ground that the convict requires proper medical treatment and a second opinion is required to be sought for as regards the medical condition of the convict. Though the allegation which had been made that one of the kidneys of the convict had been removed without his consent, on a report being received from there by the learned AGA which has been placed on record, it is seen that the convict was suffering from carcinoma requiring the removal of the kidney on emergent basis and before such removal, consent of the convict as also consent of the family members including the petitioner had been obtained. Thus, this allegation, being completely false, stands rejected.

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Be that as it may, though there is a false allegation which has been made, the fact remains

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4 - NC: 2025:KHC-D:10274 WP No. 102242 of 2025

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HC-KAR

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that the convict is suffering from carcinoma and therefore, the contention of the daughter of the convict that a second opinion is to be sought for to ascertain proper course of treatment is, in my opinion, a good ground for grant of parole for a period of 30 days and as such I pass the following:

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ORDER

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i. Writ petition is partly allowed .

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ii. Respondent No.2 is directed to release the petitioner's father, namely Rasool S/o Fakrusab Mulla, CTP No.3581, on general parole for a period of 30 days in order to take care of his mother's illness, from the date of receipt of certified copy of this order, subject to the following conditions.

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a) The prisoner (CTP No.3581) 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,

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5 - NC: 2025:KHC-D:10274 WP No. 102242 of 2025

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HC-KAR

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the convict (CTP No.3581) would evade going back to the gaol, after the expiry of the period of general parole.

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(b) Respondent No.2 shall stipulate strict conditions as are usually stipulated to ensure return of the detenu to the gaol and that he shall not commit any other offence during then period of parole.

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(c) The registry is directed to communicate the order to the prison authority for its immediate execution.

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Sd/(SURAJ GOVINDARAJ) JUDGE

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AM/CT-ASC List No.: 1 Sl No.: 31

Reshma Mabusaab Mulla v. State of Karnataka

Case brief

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Reshma Mabusaab Mulla v. State of Karnataka

Case brief

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