High CourtsSingle Bench

Chithralekha vs State Of Karnataka & Ors.

Karnataka High Court · Decided on 29 April 2025 · Citation: (2025) 04 KAR CK 0457

HON’BLE JUDGES
Hemant Chandangoudar, J
ACTS & SECTIONS REFERRED
Bharatiya Nyaya Sanhita, 2023 — Section 50, 178, 179, 180, 181, 182 · Constitution Of India, 1949 — Article 21, 22, 22(1)
RESULT
Allowed
CASE NUMBER
Writ Petition No. 12059 Of 2025 (GM-POLICE)
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Judgment

12 paragraphs · 332 words

M. Nagaprasanna, J

1.

The petitioner who is the elder daughter of the convict is before this Court seeking a direction to the respondents to release the convict, his father, on grant of emergency parole for a period of 2 months.

2.

Heard Sri Dinesh Kumar K Rao, learned counsel appearing for petitioner and Sri Rahul Cariappa, learned Additional Government Advocate appearing for respondents.

3.

The father of the petitioner gets embroiled in a crime and is convicted in S.C.No.6 of 2006 for offence punishable under Section s376(1) and 506(II) of the IPC. He has been in prison for the last 1 and ½ years. The petitioner is seeking emergency parole on the score that the younger daughter of the convict is getting married and therefore, the presence of the father/convict is imperative. The marriage is said to be scheduled on 30.04.2025 i.e., tomorrow.

4.

In that light, I deem it appropriate to release the convict, father of the petitioner, on grant of emergency parole for a period of 30 days from today i.e., 29.04.2025.

5.

For the aforesaid reasons, the following:

ORDER

(i) The Writ Petition is allowed-in-part.

(ii) Mandamus issues respondent No.4 to release the convict (CTP No.01391) on emergency parole for a period of 30 days, commencing from today i.e., on 29.04.2025, till the evening of 29.05.2025.

(iii) The convict (CTP No.01391) shall mark his attendance before the jurisdictional police station, weekly once throughout the period of his emergency parole and it would be the responsibility of the jurisdictional police to take him to gaol, in the event, the convict would evade going back to the gaol, after the expiry of the period of said parole.

(iv) Respondent No.4 shall stipulate strict conditions as are usually stipulated, to ensure return of the convict to the gaol and that he shall not commit any other offence during the period of parole.

(v) Registry is directed to communicate this order to respondent Nos.3 and 4, by way of electronic mail, forthwith.