AI Structured Summary
Not yet generated for this judgment
Judgment
R Devdas, J
The petitioner is before this Court aggrieved of the rejection of the representation given by the petitioner to 2nd respondent – the Chief Superintendent, Central Prison, Parappana Agrahara, Bengaluru – 560100, for release of the petitioner’s brother Sri Murali.B.L, S/o Lakshmana having CTP No.11118 on general parole for a period of 90 days.
Learned counsel for the petitioner submits that earlier Sri Murali.B.L, had himself approached this Court in W.P.No.2100/2024 seeking parole for a period of 90 days on the ground that the petitioner’s mother had died. This Court by order dated 22.01.2024 issued a writ of mandamus directing the 2nd respondent to consider the representation and grant parole for a period of 30 days. Learned counsel submits that on account of the petitioner’s mother’s death, the first anniversary is to take place on 16.01.2025 and an invitation in that regard is found at Annexure-F. It is therefore submitted that the petitioner is before this Court seeking grant of parole to her brother, to enable him to participate in the ceremony.
Learned Additional Government Advocate however submits that if it is for the purpose of participating in the first anniversary of the death of the petitioner’s mother and the date is fixed as 16.01.2025, this Court should consider grant of parole only for a period of one week and not for a period of 30 days or 90 days as sought for by the petitioner.
Learned counsel for the petitioner seeks to draw the attention of this Court to Chapter 34 of the Karnataka Prisons And Correctional Services Manual – 2021 ( for short ‘Manual 2021’) to submit that in terms of Clause 636 of the Manual 2021, the objectives of parole are enumerated and at Clause 640 is the period of general parole.
Having heard the learned counsel for the petitioner, the learned Additional Government Advocate and on perusing the petition papers, this Court finds that even in terms of the Manual 2021, Clause 640, the general parole may be granted to the convict for a period not exceeding 30 days which may be extended for another period of 60 days and not exceeding total period of 90 days. Therefore, unless there are sufficient ground for grant of general parole for a period of 30 days, it cannot be accepted, having regard to the facts stated in the petition that there is a need for grant of general parole for 30 days in favour of the petitioner’s brother.
Consequently, the writ petition stands disposed of with a direction to respondent No.2 – the Chief Superintendent, Central Prison, Parappana Agrahara, Bengaluru, to grant parole for a period of 15 days in respect of Sri Murali.B.L, CTP.No.11118, commencing from 14.01.2025 to 29.01.2025,
The respondent Nos.2 and 3 shall stipulate strict conditions as are usually stipulated, to ensure return of the detune to the prison and that he shall not commit any other offence during the period of parole.
Registry is directed to communicate this order to respondent Nos.2 and 3, by way of electronic mail, forthwith.