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Judgment
13 paragraphs · 390 wordsC.M. Poonacha, J
The present petition is filed seeking for following relief:
“a) Issue a Writ Order or direction in the nature of mandamus to the Respondents to consider the requisition 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.
b) Pass such other orders / directions considering the facts and circumstances of the case together as to costs in the interest of justice.
The case of the petitioner is that he has been sentenced to life imprisonment in SC No.124/2011 on 27-03-2015 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.
The present petition is filed since the father of the petitioner passed away on 08.10.2023 and for release of the petitioner on parole to attend to the obsequies ceremony of his father.
Learned Principal Government Advocate appearing for the respondents does not dispute the fact that the father of the petitioner died on 08.102.2023.
Learned counsel for the petitioner drawn attention of this Court to Rule 643 of the Karnataka Prison Manual and under Rule 191 of Karnataka Prisons Rules, 1974 emergency parole can be granted.
The case of the petitioner regarding the death of father squarely falls under Rule 643 (i)(a) of the said manual.
In view of the same the relief sought for in the petition is liable to be granted. However, the period for which parole is granted is for a period of 30 days.
In view of the aforementioned, the Writ petition 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.