High CourtsSingle Bench(2023) 08 KAR CK 0024

Fathima vs State Of Karnataka & Others

Karnataka High Court · Decided on 18 August 2023

HON’BLE JUDGES
Krishna S Dixit, J
RESULT
Allowed
CASE NUMBER
Writ Petition No. 17714 Of 2023 (GM-POLICE)

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Judgment

5 paragraphs · 189 words

Krishna S Dixit, J

1.

The subject matter of this Writ Petition is substantially similar to the one in W.P.No. 8631/2023 between SRI. SHIVAPPA BELLAD vs. SUPERINTENDENT OF OPEN AIR PRISON & OTHERS, disposed off by this Court on 22.05.2023, wherein furlough / Parole was granted to the litigant therein because of the ailments of the ageing mother, as is the case herein too.

2.

Learned counsel for the Petitioner justifiably argues that the Division Bench of this Court in W.A.Nos. 932-933/1974 between A.V.VINODA & ANOTHER Vs. STATE OF KARNATAKA BY ITS COMMISSIONER & SECRETARY disposed of on 11.12.1974, has held that the Court should treat the like-cases alike and if relief is granted to a litigant it needs to be extended to similarly circumstanced litigants as well, there being no derogatory circumstances.

In view of the above, the Writ Petition is allowed; the 2nd Respondent is requested to grant Parole to Petitioner’s son Sri.Sadiq Ahemmed CTP No.11646 for a period of ten days subject to all usual conditions & precautions. For which days parole is desired for, may be indicated by the Petitioner’s son himself.

Costs made easy.