Peer Bi vs State of Karnataka and Anr

Type Court Judgment Court Karnataka Orders Decided Dec 20, 2024

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Citation: sooperkanoon.com/1853667
Court: Karnataka Orders High Court
Judge: S.R.Krishna Kumar
Decided On: Dec 20, 2024
Case Number: WP/203798/2024

Parties & Advocates

Appellant / Petitioner

Peer Bi

Respondent

State of Karnataka and Anr

Excerpt

.....petitioner seeks parole on the ground that her brother has been a life convict for over 7 years and 7 months. the petitioner pleads that the presence of her brother i.e., the convict is necessary for agricultural purposes which is essential for their livelihood. -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 andtherefore, requires no reiteration. the petitioner now seeks parole only on the ground that the presence of her brother i.e., the convict is necessary for agricultural purposes which is essential for their livelihood. . therefore, i deem it appropriate to grant the petitioner’s brother 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 brother - detenue (fakirsab) (ctp no.12923) 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. 12923) shall markhis 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. 12923) would evade going back to the gaol, after the expiry of the period of general parole.(iv) respondent no.2 shall stipulate strictconditions 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 thisorder to respondent no.2, by way of electronic mail,forthwith. !() &! ! # ' % ./ ! 012 3 4 3

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 No.2 to consider her request for grant of release of her brother on general parole for a period of 90 days, who is a life convict - CTP No.12923 in terms of the Prison Manual. -3-
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 brother commits a crime which ends up in his conviction in S.C.No.45/2017. On the registration of a crime for the offences punishable under Sections 302 and 498A of IPC, the petitioner’s brother was convicted and sentenced to undergo imprisonment for life.

4. The petitioner’s brother continues to be in prison

and is now in prison for the last 7 years and 7 months. On all the aforesaid basis, the petitioner seeks parole on the ground that her brother has been a life convict for over 7 years and 7 months. The petitioner pleads that the presence of her brother i.e., the convict is necessary for agricultural purposes which is essential for their livelihood. -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 the presence of her brother i.e., the convict is necessary for agricultural purposes which is essential for their livelihood. . Therefore, I deem it appropriate to grant the petitioner’s brother 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 brother - detenue (Fakirsab) (CTP No.12923) 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. 12923) 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. 12923) 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. !() &! ! # ' % ./ ! 012 3 4 3

Same Court & Year Karnataka Orders · 2024 Same Parties Peer Bi vs State of Karnataka and Anr Same Judge S.R.Krishna Kumar

Imprisonment for life Government pleader Electronic mail Police Station high court Hall mark Has been