Pavan vs State Of Karnataka & Ors.

M. Nagaprasanna, J

The petitioner - a convict, is at the doors of this Court seeking his release on grant of parole.

Heard the learned counsel Sri.Sunil Kumar S., appearing for the petitioner and the learned Additional Government Advocate Sri.Rahul Cariappa, appearing for the respondents.

The petitioner gets embroiled in a crime and is convicted in S.C. No.10001 of 2019 on 25.01.2025 and has now undergone imprisonment including the under trial period for a period of 6 years and 9 months and 2 days.

The learned counsel for the petitioner submits that the petitioner is seeking parole for the first time in all these close to 7 years and for the reason that his father is now become terminally ill on account of cancer and therefore, he needs to be with the father at this stage of illness.

The Learned AGA would refute the submissions contending that the petitioner should not be released on parole as he has four other cases pending in which body warrants are operating against the petitioner. Be these submissions as they are.

The petitioner is wanting released on parole is for the reason that the father is now terminally ill with cancer and has produced documents to that effect. In that light, I deem it appropriate to grant the petitioner, not general parole but emergency parole for a period of 15 days from the forenoon of 15.03.2025 upto the evening of 29.03.2025.

For the aforesaid reasons, the following:

ORDER

(i) The Writ Petition is allowed in part;

(ii) The impugned endorsement dated 19.02.2025 bearing No.CPB/CTP - Sec/20711/2025 issued by respondent No.3 stands quashed.

(iii) Mandamus issues respondents No.2 and 3 to consider the representation of the petitioner and release the petitioner on emergency parole for 15 days, from the forenoon of 15.03.2025 upto the evening of 29.03.2025.

(iv) The respondents No.2 and 3 shall stipulate strict conditions as are usually stipulated, to ensure the return of the detenue (CTP No.15081) to the gaol and that he shall not commit any other offence during the period of emergency parole.

(v) The petitioner (CTP No.15081) shall mark his attendance in 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 petitioner would evade going back to the gaol, after the expiry of the period of emergency parole.

(vi) Registry is directed to communicate this order to respondent Nos.2 and 3, by way of electronic mail, forthwith.

(vii) The petitioner is at liberty to seek extension of parole, which shall be considered looking at the conduct of the petitioner – convict while he is out on emergency parole.