Writ petition filed by a wife seeking parole for her life convict husband. Court granted general parole for 60 days considering wife's serious illness, allowing authorities to impose return conditions.
To release the petitioner's husband on general parole from 04.12.2023 to 04.02.2024, with liberty to impose conditions and seek extension.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2023:KHC:43360 WP No. 15741 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 15741 OF 2023 (GM-POLICE)
BETWEEN:
…PETITIONER
(BY SRI. SIRAJUDDIN AHMED, ADVOCATE)
AND:
Digitally signed by PADMAVATHI B K Location: HIGH COURT OF KARNATAKA
NC: 2023:KHC:43360 WP No. 15741 of 2023
SESHADRI ROAD BENGALURU-560001
…RESPONDENTS
(BY SRI. C.S.PRADEEP, AAG A/W. SRI MANJUNATH K., HCGP)
THIS WP IS FILED ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYER TO DIRECT THE PETITIONERS HUSBAND MAY BE ENLARGED/RELEASED ON GENERAL PAROLE IN ACCORDANCE WITH LAW TILL THE COMMITTEE MEETS AND CONSIDER HIS APPLICATION VIDE ANNEXURE-G DTD: 14.07.2023 FOR THE PREMATURE RELEASE OF PETITIONERS HUSBAND BY THE RESPONDENT NO.2.
THIS PETITION COMING ON FOR FRESH MATTERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner is before this Court seeking the following
prayers:
petitioner and Sri C.S. Pradeep, the learned Additional Advocate
NC: 2023:KHC:43360 WP No. 15741 of 2023
General along with Sri Manjunath K., the learned High Court Government Pleader for the respondents.
General would submit that the prayers in the form that it is presented is rendered infructuous for the reason that the case of the petitioner was placed before the Committee for grant of premature release of prisoners and the Committee has rejected for the reasons indicated in the said order. Be that as it may, the petitioner has sought for general parole, till the Committee considers. Though the Committee has considered and rejected, grant of parole cannot be rejected on the score that the case of the petitioner before the Committee is rejected.
punishable under Section 302 of the IPC. Since 1999, the petitioner is in prison which amounts to about 24 years to this date and has been released on parole on five occasions and on all the five occasions, the records would reveal that his conduct has been good and he has returned back to the gaol on every occasion.
NC: 2023:KHC:43360 WP No. 15741 of 2023
ORDER
Sd/JUDGE
List No.: 2 Sl No.: 30
ST
2 issues framed by the court
Whether the petitioner can be released on general parole to tend to the serious illness of his wife pending further parole committee consideration?
Whether specific conditions can be imposed on the petitioner for his release on parole?
Suma W/o Shyam @ Raju Reddy
State of Karnataka through Principal Secretary Vidhana Southa Bengaluru
Chief Superintendent Central Prison Belagavi
The Life Convicts Release Committee
Director General of Police Prison and Correctional Services
M. Nagaprashanna
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
