A life convict filed a writ petition seeking emergency parole to attend his father's funeral. The Court allowed the petition, directing the prison authorities to grant parole for 30 days subject to strict conditions.
Respondent No. 3 directed to release petitioner on parole for 30 days with strict conditions for return and no further offences.
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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF OCTOBER, 2023
BEFORE
THE HON'BLE MR JUSTICE C.M. POONACHA WRIT PETITION NO. 22811 OF 2023 (GM-POLICE)
BETWEEN:
…PETITIONER
(BY SRI. MONESH KUMAR K B., ADVOCATE)
AND:
Digitally signed by BHARATHI S Location: HIGH COURT OF KARNATAKA
(BY SRI.MANJUNATH K., HCGP)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE DIRECTION IN THE NATURE OF MANDAMUS TO THE RESPONDENTS TO CONSIDER THE REQUISTION OF THE PETITIONER FOR GRANT OF EMERGENCY PAROLE FOR 30 DAYS (EXTENDABLE UPTO 90 DAYS) SO AS TO ENABLE HIM TO ATTEND TO THE OBSEQUIES CEREMONY OF HIS FATHER AS PER THE PAROLE RULE OF THE KARNATAKA PRISONS RULES PRODUCED AS ANNEXURE-D AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The present petition is filed seeking for following
relief:
sentenced to life imprisonment in SC No.124/2011 on 2703-2015 and the same has been affirmed by this Court in Crl A No.519/2015 and that he has served a total sentence
of 14 years 10 months and 11 days including remission without any adverse remarks. That the petitioner has
availed parole on seven occasions in the past and has adhered to the terms of the Parole.
appearing for the respondents does not dispute the fact that the father of the petitioner died on 08.102.2023.
of father squarely falls under Rule 643 (i)(a) of the said manual.
petition is liable to be granted. However, the period for which parole is granted is for a period of 30 days.
NC: 2023:KHC:37733 WP No. 22811 of 2023
is allowed and respondent No.3 is directed to release the petitioner on parole for a period of 30 days. Respondent No.3 shall stipulate strict conditions as are usually stipulated to ensure the return of petitioner to the jail and the petitioner shall not commit any other offence during the said period.
Ordered accordingly.
Registry to communicate this order by e-mail to the
respondent No.3.
Sd/JUDGE
ABK List No.: 3 Sl No.: 2
2 issues framed by the court
Whether the High Court can direct grant of emergency parole to enable the petitioner to attend his father's funeral.
What period of parole should be granted for attending the obsequies ceremony.
DYAMESH S/O DODDAKEMPANNA
THE STATE OF KARNATAKA BY THE PRINCIPAL SECRETARY HOME DEPARTMENT
THE DIRECTOR GENERAL OF POLICE PRISONS AND CORRECTIONAL SERVICES
THE CHIEF SUPERINTENDENT CENTRAL PRISON
C.M. POONACHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
