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Judgment
M. Nagaprasanna, J
The petitioner is before this Court seeking a direction by issuance of a writ in the nature of mandamus, directing respondent No.2 to release her father, who is convict (CTP No.1593) on parole for a period of 90 days.
Heard Sri Sirajuddin Ahmed, learned counsel for the petitioner and Sri C.S.Pradeep, learned Additional Advocate General along with Sri.Manjunath K., learned High Court Government Pleader for the respondents – State.
The father of the petitioner gets convicted for offence under Section 302 of the IPC in S.C.No.124/2002, punishable with life imprisonment, in terms of the order of sentence dated 19.03.2003. The convict as on today, has undergone 22 years imprisonment. Subsequent events transpire that all the other accused along with the convict (CTP No.1593) – petitioner’s father, are released either by the Apex Court or the Committee considering their cases for premature release.
It is also submitted that the case of the petitioner’s father is also placed before the Committee seeking premature release as is done in the case of other convicts, who were convicted along with the father of the petitioner and it would be considered.
Learned Additional Advocate General in all fairness would submit that since the case of the petitioner is already placed before the Committee, he can be released on general parole with stringent conditions.
In the light of the aforesaid submissions and the fact that the persons who were convicted along with petitioner’s father are either been released by the Apex Court or the Committee, the father of the petitioner also becomes entitled to grant of general parole for a period of 30 days from 12.02.2024 to 12.03.2024.
For the aforesaid reasons, the following:
ORDER
(i) The Writ Petition is allowed in part.
(ii) Mandamus issues to respondent No.2 to consider the representation of the petitioner and release the detenue/Doddahanuma @ Hanuma S/o Venkatappa (CTP No.1593) on parole for a period of 30 days, from the forenoon of 12.02.2024, till the evening of 12.03.2024.
(iii) The convict (CTP No.1593) – father of the petitioner shall mark his attendance in the jurisdictional police station, weekly once throughout the period of his parole and it would be the responsibility of the jurisdictional police to take him to gaol, in the event, the convict (CTP No.1593) would evade going back to the gaol, after the expiry of the period of parole.
(iv) Respondent No.2 shall stipulate strict conditions as are usually stipulated, to ensure return of the detenue 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 No.2, by way of electronic mail, forthwith.
(vi) The petitioner is at liberty to seek extension of parole, which shall be considered looking at the conduct of the father of the petitioner – convict while he is out on parole.