Disposed¶39

Kanta Kisan Mohite W/O Kisan Mohite v. the State of Karnataka

Karnataka HC2 Feb 2026WP/109643/2025

Case brief

AI extract

What is this about?

Parole; general parole; ordinary parole; convict CTP 4549; Central Prison Dharwad; Rule 191 Karnataka Prisons Rules 1974; Inspector General of Prison; alternative statutory remedy; maintainability of writ petition; Articles 226 and 227; writ of mandamus; NC: 2026:KHC-D:1398 WP No. 109643 of 2025; Lalitha Kanneganti J.; disposed with liberty.

What did the court decide?

Liberty given to the petitioner to avail the appropriate remedy under Rule 191 of the Karnataka Prisons Rules, 1974; all interlocutory applications in the writ petition stand closed. ¶39

Kanta Kisan Mohite W/O Kisan Mohite Vs the State… — Writ and Judicial Review | Karnataka HC (2026)

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NC: 2026:KHC-D:1398 WP No. 109643 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA, AT DHARWAD

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DATED THIS THE 2^ND DAY OF FEBRUARY, 2026

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BEFORE

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THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

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WRIT PETITION NO.109643 OF 2025 (GM-POLICE)

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BETWEEN:

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KANTA KISAN MOHITE W/O. KISAN MOHITE, MOTHER OF CONVICT SANJAY S/O. KISAN MOHITE @ RAJAN @ RAJU PATEL, (CTP 4549) AGED ABOUT 78 YEARS, R/O. TAPE VILLAGE DADA BHAI ROAD, BUILDING NO.2, ROOM 609 KAVERI CHS VTC ANDHERI MUMBAI MAHARASHTRA-400058.

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…PETITIONER

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(BY SMT. UMME SALMA, ADVOCATE (ABSENT))

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AND:

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Digitally signed by YASHAVANT NARAYANKAR Location: HIGH COURT OF KARNATAKA

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THE STATE OF KARNATAKA, HOME DEPARTMENT, THR. PRINCIPAL SECRETARY, VIDHANA SOUDHA, BENGALURU-560001.

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THE CHIEF SUPERINTENDENT, CENTRAL PRISON, DHARWAD-580008.

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…RESPONDENTS

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(BY SRI. T. HANUMAREDDY, ADDL. GOVT. ADVOCATE)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING 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 PETITIONER’S BROTHER, CONVICT SANJAY S/O. KISAN MOHITE @ RAJAN @ RAJU PATEL, (CTP-4549) 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.

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NC: 2026:KHC-D:1398 WP No. 109643 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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CORAM: THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

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ORAL ORDER

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On 07.01.2026 there was no representation on behalf of the petitioner. Today also there is no representation.

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The present writ petition is filed seeking the following

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prayer:

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“a) Direct the Respondent No.2 to release the Petitioner’s brother, convict Sanjay S/o. Kisan Mohite @ Rajan @ Raju Patel, (CTP-4549) 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 petitioner is seeking relief from this Court to direct the respondent No.2 i.e.The Chief Superintendent, Central Prison, Dharwad to release the petitioner on general parole for a period of 90 days. As per Rule 191 of the Karnataka Prisons Rules, 1974, the Inspector General of Prison may release any prisoner on ordinary parole for a period not exceeding 30 days which may be extended for such time not exceeding 30 days at a

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3 - NC: 2026:KHC-D:1398 WP No. 109643 of 2025

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HC-KAR

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time, as the Inspector General deems fit. Further, if a prisoner who desires to be released on ordinary parole, shall submit an application to the Superintendent who shall forward the same along with his remarks to the Inspector General along with nominal roll of the prisoner and such additional information as may be required. The Superintendent shall ascertain from the Executive Magistrate of the concerned Taluk and the Police concerned particulars of the sureties before accepting them and the genuineness or otherwise of the purpose for which the prisoner has applied for grant of parole and the Executive Magistrate and the Police concerned within 15 days after the receipt of the such reference, forward the report to the Superintendent, failing which, it is presumed that they have nothing adverse to it. The Superintendent shall thereafter make his recommendation to the Inspector General of Prisons who shall examine and pass suitable orders for release of prisoners on parole subject to the conditions. The petitioner without availing the remedy that is available as per Rule 191 of the Karnataka Prisons Rules, 1974 have come before this Court. Such a writ petition is not maintainable. Hence, this Court is passing the following:

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NC: 2026:KHC-D:1398 WP No. 109643 of 2025

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HC-KAR

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ORDER

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(i) Accordingly, the writ petition is disposed of giving liberty to the petitioner to avail appropriate remedy under Rule 191 of the Karnataka Prisons Rules, 1974.

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(ii) All I.As. in this writ petition shall stand closed.

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Sd/-

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JUSTICE LALITHA KANNEGANTI

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CT: UMD List No.: 1 Sl No.: 9

Kanta Kisan Mohite W/O Kisan Mohite v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Kanta Kisan Mohite W/O Kisan Mohite v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

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