R. Kumar vs State Of Karnataka & Ors.

M. Nagaprasanna, J

Heard Shri Vivek N., learned counsel appearing for the petitioner and Shri Mohammed Jaffer, learned Additional Government Advocate appearing for the respondents.

The petitioner has been before this Court on umpteen number of occasions seeking his release on parole. This Court on 20.12.2023 had granted emergency parole on the very same reason that his daughter was suffering from certain illness. The story is now changed that the mother is suffering from illness.

In the light of the aforesaid circumstances of the mother being ill and the desire of the mother to be with the son, I deem it appropriate to grant the petitioner emergency parole for a period of 15 days to begin from 08.03.2025 to 22.03.2025.

For the aforesaid reasons, the following:

ORDER

(i) The Writ Petition is allowed in part.

(ii) 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 08.03.2025, till the evening of 22.03.2025.

(iii) The respondents No.2 and 3 shall stipulate strict conditions as are usually stipulated, to ensure the return of the detenue (CTP No.8406) to the gaol and that he shall not commit any other offence during the period of emergency parole.

(iv) The petitioner (CTP No.8406) 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.

(v) Registry is directed to communicate this order to respondent Nos.2 and 3, 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 petitioner – convict while he is out on emergency parole.