Yallappa vs State Of Karnataka & Ors.

M. Nagaprasanna, J

The petitioner, the father of the convict (CTP No.4574) – Naganna, is before this Court seeking a direction by issuance of a writ in the nature of mandamus to respondent No.2 to release the convict on general parole for a period of 90 days in terms of the Prison Manual.

Heard Smt. Umme Salma, learned counsel for the petitioner and Sri Rahul Cariappa, learned Additional Government Advocate for the respondents – State.

The son of the petitioner gets embroiled in a crime and is tried in S.C.No.25/2020, for the offences under Sections 396, 302, 457, 380 and 201 of the IPC. The son of the petitioner gets convicted in terms of the judgment of the concerned Court on 09.01.2024. The convict files an application before the Superintendent of Central Prison seeking general parole for a period of 90 days on the score that the petitioner – father is suffering from several ailments and the son – convict is required to take care of him. A medical certificate of the father is also appended to the petition. The application is pending consideration. Therefore, the petitioner is knocking at the doors of this Court seeking enlargement of his son on general parole.

Learned counsel for the petitioner submits that the convict has been in prison for the last 5 years and 2 months as per the prison certificate. The convict has not availed any kind of parole in his conviction period and now the petitioner is seeking release of his son on general parole on medical ground as the petitioner is suffering from cardiac failure and hypertension.

Learned Additional Government Advocate would submit that there is no adverse against the convict while he is in prison.

In the light of the aforesaid submissions, I deem it appropriate to grant the convict – CTP No.4574 general parole for a period of 60 days, which becomes operational from the forenoon of 28.04.2025 upto the evening of 26.06.2025.

For the aforesaid reasons, the following:

ORDER

(i) The Writ Petition is allowed in part.

(ii) Mandamus issues to respondent No.2 to consider the representation of the petitioner and release the detenue/Gopal, (CTP No.4574) on general parole from the forenoon of 28.04.2025, till the evening of 26.06.2025.

(iii) The petitioner - convict (CTP No.4574) - shall mark his attendance in the jurisdictional police station, weekly once throughout the period of his parole and it would be the responsibility of the jurisdictional police to take him to gaol, in the event, the convict (CTP No.4574) would evade going back to the gaol, after the expiry of the period of general parole.

(iv) Respondent No.2 shall stipulate strict conditions as are usually stipulated, to ensure return of the detenue 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.

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