Full Judgment
-1- ! " # " $ " % " & ! " " # " " " $ % & ' Digitally signed by SUMITRA " " SHERIGAR Location: HIGH %" COURT OF ( KARNATAKA " ' " " ") ! # & -2- " " " " " '" " ( ' " " ' " " $ " " " ' " " # &$ # & " " # & * " " " ' " ' " " " " " ' " " " "' ' %" '' "
' % " ' " " " " %" ' " "'" " " " " " ' " " %" " ' '' "% " + # & " " '" ' " ' $ " " ' " " " " $ " ' $ " $ " , , - " "# , - " " & The petitioner is before this Court seeking a direction by issuance of a writ in the nature of mandamus to respondent -3- No.2 to consider her request for grant of release of her husband on general parole for a period of 90 days, who is a life convict - CTP No.1117 in terms of the Prison Manual.
2. Heard learned counsel appearing for the petitioner and learned High Court Government Pleader appearing for respondents.
3. The brief facts are as follows: The petitioner’s husband commits a crime which ends up
in his conviction in S.C.No.164/2019. On the registration of a crime for the offences punishable under Sections 302 and 120B of IPC, the petitioner’s husband was convicted and sentenced to undergo imprisonment for life.
4. The petitioner’s husband continues to be in prison
and is now in prison for the last 5 years and 10 months. On all the aforesaid basis, the petitioner seeks parole on the ground that her husband has been a life convict for over 5 years and 10 months. The petitioner pleads that she is suffering from several ailments and desires that her husband be with her. -4-
5. I have given my anxious consideration to the submissions made by the respective learned counsel and have perused the material on record.
6. The aforementioned facts are not in dispute and
therefore, requires no reiteration. The petitioner now seeks parole only on the ground that she is suffering from ailment and wants her husband to be in the family. Therefore, I deem it appropriate to grant the petitioner’s husband general parole for a period of 90 days, which becomes operational from 23.12.2024 to 21.03.2025.
7. In view of the aforesaid reasons, I pass the following:
ORDER
(i) The Writ Petition is allowed
(ii) Petitioner’s husband - detenue (Santosh) (CTP No.1117) is granted general parole for a period of 90 days, which becomes operational from 23.12.2024 to 21.03.2025. -5-
(iii) The convict (CTP No.1117) 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, the convict (CTP No.1117) would evade going back to the gaol, after the expiry of the period of general parole.
(iv) Respondent No.2 shall stipulate strict
conditions as are usually stipulated, to ensure return of the detenue to the gaol and that the convict shall not commit any other offence during the period of parole.
(v) Registry is directed to communicate this
order to respondent No.2, by way of electronic mail,
forthwith. '( % " & ./0 1, 2 1,