Saddam Hasin Vs State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

Saddam Hasin Vs State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Writ petition allowed in part: petitioner-convict (CTP No. 19329) to be released on general parole for 60 days, from the forenoon of 19.04.2025 till the evening of 17.06.2025, subject to strict usual conditions and weekly police-station attendance, with liberty to seek extension depending on his conduct.

Issue for consideration

Whether the petitioner-convict should be released on general parole (prayed for 30 days, with liberty to seek 60 days' extension) to attend his sister's marriage placed on 21st April 2025.

Court's answer

The Court deemed it appropriate to grant the petitioner-convict parole for a period of 60 days, operational from 19.04.2025.

Ratio / Principle

Mandamus issued to respondent No.2 to consider the petitioner's representation and release him on general parole for 60 days, from the forenoon of 19.04.2025 till the evening of 17.06.2025.

Key takeaways

Respondent No.2 shall stipulate strict conditions as usually stipulated, to ensure the return of the detenue (CTP No.19329) to the gaol and that he shall not commit any other offence during the period of general parole.ratio¶41
The convict (CTP No. 19329) shall mark his attendance at the jurisdictional police station weekly once throughout the parole period, and the jurisdictional police shall be responsible for taking him back to gaol if he evades returning after expiry of the parole.ratio¶43
The petitioner is at liberty to seek extension of parole, which shall be considered looking at the conduct of the petitioner.

Detailed headnote1 paragraphs

Parole — convict (CTP No. 19329) in Central Prison, Mysore for 10.4 years, who had never earlier sought general parole, filed writ petition under Articles 226 and 227 of the Constitution of India through his mother seeking release on general parole for 30 days (with liberty to seek 60 days' extension) to attend his sister's marriage fixed on 21st April 2025, his presence being essential for traditional and legal duties. Held, allowing the petition in part: parole granted for 60 days, operational from 19.04.2025; mandamus issued to the Chief Superintendent, Central Prison, Mysore to consider the representation and release the petitioner on general parole from the forenoon of 19.04.2025 till the evening of 17.06.2025; strict usual conditions to be stipulated to ensure return to gaol and abstention from offence; weekly attendance at the jurisdictional police station, with the police responsible for escorting him back if he evades return; liberty reserved to seek extension of parole depending on conduct. (M.Nagaprasanna, J.; Oral Order dated 17 April 2025.)

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NC: 2025:KHC:16031 WP No. 10502 of 2025

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17^TH DAY OF APRIL, 2025

BEFORE

THE HON'BLE MR JUSTICE M.NAGAPRASANNA

WRIT PETITION NO. 10502 OF 2025 (GM-POLICE)

BETWEEN:

SADDAM HASIN CTP - 19329 S/O MOHAMMED MOULALI AGED ABOUT 37 YEARS R/AT CENTRAL PRISON MYSORE-570002.

REPRESENTED BY HIS MOTHER

Digitally signed by NAGAVENI Location: High Court of Karnataka

FATHIMA W/O MOWLALI M/O SADDAM HASIN CTP - 19329 AGED ABOUT 52 YEARS R/AT 31, AMBEDKAR GNYANALOKA, B M SHREE NAGARA 2^ND CROSS, MYSORE - 570016 …PETITIONER

(BY SRI. SIRAJUDDIN AHMED, ADVOCATE)

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NC: 2025:KHC:16031 WP No. 10502 of 2025

AND:

STATE OF KARNATAKA

HOME DEPARTMENT, THROUGH PRINCIPAL SECRETARY VIDHANA SOUDHA,

BENGALURU - 560001.

CHIEF SUPERINTENDENT CENTRAL PRISON MYSORE-570002

…RESPONDENTS

(BY SRI. SHAMANTH NAIK, HCGP)

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-DIRECT THE R-2 TO RELEASE THE PETITIONER SADDAM HASIN CTP - 19329 ON GENERAL PAROLE FOR A PERIOD OF 30 DAYS WITH LIBERTY TO SEEK EXTENSION OF 60 DAYS TO ATTEND THE MARRIAGE OF HIS SISTER WHICH IS PLACED ON 21ST APRIL. THE PRESENCE OF THE PETITIONER WHO IS A CONVICT IS ESSENTIAL FOR PERFORMING TRADITIONAL AND LEGAL DUTIES.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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NC: 2025:KHC:16031 WP No. 10502 of 2025

CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA

ORAL ORDER

Heard the learned counsel Sri.Sirajuddin Ahmed, appearing for the petitioner and the learned High Court Government Pleader Sri.Shamanth Naik, appearing for the respondents.

The petitioner - convict is before this Court seeking

his release on parole on the score that his sister marriage has been fixed to be performed on 21^st April 2025.

The learned counsel for the petitioner takes this Court through the documents appended to the petition to demonstrate that the petitioner has not sought general parole at any point in time and is now in prison since 10.4 years.

The petitioner has appended an invitation of such marriage that is to be performed on 21^st April 2025.

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NC: 2025:KHC:16031 WP No. 10502 of 2025

In that light, I deem it appropriate to grant the

petitioner - the convict parole for a period of 60 days to become operational from 19.04.2025.

For the aforesaid reasons, the following:

ORDER

(i) The Writ Petition is allowed in part.

(ii) Mandamus issues respondent No.2 to consider the representation of the petitioner and release the petitioner on general parole for 60 days, from the forenoon of 19.04.2025 till the evening of 17.06.2025.

(iii) Respondent No.2 shall stipulate strict conditions as are usually stipulated, to ensure the return of the detenue (CTP No.19329) to the gaol and that he shall not commit any other offence during the period of general parole.

5 - NC: 2025:KHC:16031 WP No. 10502 of 2025

(iv) The convict (CTP No. 19329) shall mark his attendance in the jurisdictional police station, weekly once throughout the period of his general parole and it would be the responsibility of the jurisdictional police to take him to gaol, in the event, the convict would evade going back to the gaol, after the expiry of the period of general parole.

(v) Registry is directed to communicate this order to respondent No.2, by way of electronic mail, forthwith.

(vi) The petitioner is at liberty to seek extension of parole, which shall be considered looking at the conduct of the petitioner.

Sd/(M.NAGAPRASANNA) JUDGE

KG

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