Arun Kumar @ Pushparaj vs State Of Karnataka & Others

G. Narendar, J

Heard the learned counsel for the petitioner and the learned Additional Government Advocate for the respondents.

The petitioner is a convict (CTP No.8177) lodged in Central Prison and is a permanent resident of Swami Vivekananda Circle, Gummanakolli

Village, Mullu Soge Post, Kushal Nagar Hobli, Somawarapete, Kodagu District and currently on parole. The petitioner was held guilty and convicted

for the offence punishable under Sections 302, 324, 341, 427 read with Section 34 of Indian Penal Code. That in terms of the order of the Hon'ble

Supreme Court in Suo Motu Writ Petition (C) No.1/2020 (In Re: Contagion of COVID 19 virus in prisons vs. Nil) dated 23.03.2020, the petitioner was

granted parole along with others.

Learned counsel for the petitioner would submit that prior to conviction, he was in judicial custody for a total period of eight months and 15 days and

from the date of conviction, the petitioner has been serving his sentence. He would submit that in the light of the period served by the petitioner, the

petitioner is entitled for a total period of parole of 240 days. That apart, learned counsel for the petitioner would submit that he is basing his case on

Annexure-H whereby in respect of persons similarly situated as the petitioner, the State Government has been pleased to extend parole up to

13.08.2021 pursuant to the directions of the Hon'ble Supreme Court.

That the Hon'ble Supreme Court in Suo Motu Writ Petition (C) No.1/2020 (In Re: Contagion of COVID 19 virus in prisons vs. Nil) by order dated

07.05.2021, has been pleased to direct in paragraph No.12, as under:-

'12. Fourth, further we direct that, those inmates who were granted parole, pursuant to our earlier orders, should be again granted a parole for a period

of 90 days in order to tide over the pandemic.'

Learned Additional Government Advocate would not controvert the same. In that view of the matter, this Court is of the opinion that the petitioner

shall also be entitled to be treated on parity not only in view of Annexure-H but in the light of the directions issued by the Hon'ble Supreme Court

hereinabove stated.

Accordingly, writ petition is disposed of. Parole of the petitioner is extended by further period till 13.08.2021, on conditions assigned at the time of

grant of parole.

The petitioner shall surrender to the jail authorities by 04.00 p.m. on 13.08.2021.

The petition stands ordered accordingly.