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Judgment
M. Nagaprasanna, J
Heard Shri Sirajuddin, learned counsel appearing for the petitioner and Shri Rahul Cariyappa, learned Additional Government Advocate appearing for respondents No.1 and 2.
The petitioner had presented the subject petition seeking release of his son on parole. Pending consideration of the release of his son on parole, it transpires that the petitioner dies. The body of the petitioner is kept in the mortuary for the purpose of the son's visit. In that light, the petitioner has moved this matter seeking emergency parole to visit his father, who is now no more.
The learned Additional Government Advocate would submit that there are 23 cases pending against the son of the petitioner, including the offences under the Karnataka Control of Organised Crimes Act, 2000 (KCOCA) and the Arms Act, 1959, as well.
In that light, since the petitioner is convicted of several offences and is undergoing life imprisonment, as also the fact that the father is now no more, I deem it appropriate to grant the petitioner emergency parole with escort for a period of 15days from the date of release along with certain stringent conditions.
It is made clear that the charges for the four escort Police along with the vehicle shall be borne by the convict, who is now wanting to come out of the prison, at the rates that the State would indicate.
In the light of the aforesaid circumstances, I deem it appropriate to grant emergency parole for a period of 15 days to begin from 30.04.2025 to 14.05.2025.
For the aforesaid reasons, the following:
ORDER
(i) The Writ Petition is allowed in part.
(ii) The impugned endorsement bearing No. dated 20.06.2024 issued by respondent No.2 stands quashed.
(iii) Mandamus issues respondent No.2 to the respondent to release the petitioner on emergency parole with 4 Escorts and a police vehicle for a period of 15 days from the forenoon of 30-04-2025 till the evening of 14-05-2025.
(iv) The expenses of the Escort and the police vehicle shall be borne by the convict.
(v) The respondent No.2 shall stipulate strict conditions as are usually stipulated, to ensure the return of the detenue (CTP No.4222) to the gaol and that he shall not commit any other offence during the period of emergency parole.
(vi) The convict shall return to the gaol on the expiry of the period of emergency parole, as directed and it would be the responsibility of the police who are on escort to get the convict return to the gaol.
(vii) Registry is directed to communicate this order to the respondents, by way of electronic mail, forthwith.