Shanthamma vs State Of Karnataka & Ors.

M. Nagaprasanna, J

The petitioner, wife of the convict, is before this Court seeking release of her husband on grant of parole.

Heard Sri Rakshith R, learned counsel appearing for petitioner and Sri Rahul Cariappa, learned Additional Government Advocate appearing for respondents.

The husband of the petitioner gets embroiled in a crime and is convicted in S.C.No.297 of 2008 for offence punishable under Section 302 of the IPC.

Learned counsel for petitioner submits that the case of the husband of the petitioner has been recommended for premature release, as the husband has already undergone 15 years and 4 months of imprisonment including remission. He is suffering from many ailments, as such his case may be considered for grant of parole.

In the light of petitioner’s husband name being recommended to the Advisory Board for premature release, I deem it appropriate to grant the husband of the petitioner, parole for a period of 90 days ,from the date of his release from the prison.

For the aforesaid reasons, the following:

ORDER

(i) The Writ Petition is allowed in part.

(ii) Respondent No.2 is directed to release the petitioner (CTP No.4190) on general parole for a period of 90 days, from the date of his release.

(iii) The convict shall mark his attendance before the jurisdictional police station, weekly once, throughout the period of his general parole and it would be the responsibility of the jurisdictional police to take him to gaol, in the event, the convict 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 convict 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.