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Judgment
M.Nagaprasanna, J
The petitioner is before this Court seeking the following prayers;
"a) Issue a Writ, Order or direction in the nature of Certiorari to quash the endorsement dated 02.11.2023 vide No.BCP/J3/648/2023 issued by the respondent No.2 produced as Annexure-C,
b) Issue a Writ Order or direction in the nature of mandamus to the respondents to grant of emergency parole for a period of 30 days so as to enable him to assist his ailing son.
c) Pass such orders/ directions considering the facts and circumstances of the case together as to costs in the interest of justice."
Heard Sri Pradeep C Patil, learned counsel appearing for the petitioner and Sri K P Yoganna, learned Additional Government Advocate appearing for the respondents-State.
The petitioner gets embroiled in a crime for the offence punishable under Section 302 of Indian Penal Code, 1860, and is later convicted by the Court of Sessions on 20.12.2014. The petitioner has, as on today, spent 13 years in prison. The Imprisonment Certificate of the petitioner would depict that the conduct of the petitioner in the prison has been satisfactory and has not sought parole on any occasion. The petitioner submits a representation for release on grant of emergency parole on the ground that his son has met with an accident and is to be treated in the hospital for a surgery. The endorsement comes to be issued on 02.11.2023 declining to accept the representation of the petitioner seeking his release on general parole. In that light, the petitioner is before this Court in the subject petition.
Learned Additional Government Advocate, on instructions, would submit that the conduct of the petitioner has been satisfactory as is now found in the Imprisonment Certificate appended to the petition.
In that light, I deem it appropriate to grant the petitioner emergency parole for a period of 30 days, subject to the following conditions;
ORDER
(i) The Writ Petition is allowed-in-part.
(ii) Mandamus issued to respondent No.2 to consider the representation of the petitioner (CTP No.7567) and release the petitioner-convict (CTP No.7567) on emergency parole for 30 days, commencing from the forenoon of 15.04.2024 till the evening of 14.05.2024.
(iii) The petitioner - convict (CTP No.7567) 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 (CTP No. 7567) would evade going back to the gaol, after the expiry of the period of said parole.
(iv) Respondent No.2 shall stipulate strict conditions as are usually stipulated, to ensure return of the detenu 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.