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Judgment
9 paragraphs · 409 wordsB M Shyam Prasad, J
The petitioner is engaged to Sri Chandan D, son of late Devaraju, who is convicted for offences punishable under 143 of IPC and similar offences as also Section 302 of IPC in SC No. 87/2019 on the file of the IV Additional District and Sessions Judge, Mandya. The application filed by Sri Chandu D for parole is rejected by the third respondent vide impugned Endorsement dated 21.05.2025. Sri Chandan D has sought for parole citing the marriage scheduled to be held with the petitioner on 15.09.2025 and the third respondent has rejected the application on the ground that there are two criminal proceedings pending against him in CC No. 3002/2021 and SC No.24/2021.
Sri Vijaya Prassad, the learned counsel for the petitioner, relying upon Annexures-C and D, submits that the petitioner is enlarged on bail in both these cases on 05.06.2025 and 12.06.2025 respectively. These are the assertions that are not controverted by the State Government. When queried, Smt K P Yashodha, a learned Additional Government Advocate, who is called upon to accept notice for the respondents, submits that there are no conditions or contra conditions to refuse parole except for the pendency of the criminal proceedings.
This Court, in the circumstances referred to and with the petitioner's marriage to Sri Chandan D being scheduled to be performed on 15.09.2025, is of the view that he must be admitted to general parole for thirty [30] days but on terms that Sri Chandan D must mark his attendance with the jurisdictional Police every three [3] days and should not leave the jurisdiction of the concerned Station House without the express leave of the Station House Officer. In the light of the afore, the following:
ORDER
a. The petition is allowed.
b. The third respondent is directed to grant general parole of thirty [30] days to the petitioner's fiancé Sri Chandan D subject to the terms as contemplated under the Karnataka Prisons and Correctional Services Manual 2021 on receipt of certified copy of this order.
c. Sri Chandan D must mark his attendance with the jurisdictional Police every three [3] days and should not leave the jurisdiction of the concerned Station House without the express leave of the Station House Officer.
d. The learned counsel for the petitioner is reserved liberty to file a certified copy of this order with the third respondent [by email: cpblr.prisons-kar@gov.in] addressed to the Chief Superintendent, Central Prison, Parappana Agrahara, Bengaluru-560100.