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Judgment
S.G. Pandit, J
The petitioner is before this Court praying for a writ of mandamus to release the petitioner on parole for attending his son’s marriage to be held on 20.03.2022 at Kengal, Channapatna Taluk, Ramanagara District.
Heard Sri. Hanumanthappa B.Haravigowdar, learned counsel for the petitioner and Sri. M. Vinod Kumar, learned Additional Government Advocate for the respondents.
Learned counsel for petitioner would submit that, the petitioner was convicted in CC No.184/1998 on the file of Principal Civil Judge (Jr.Dn) and JMFC at Kunigal for the offence under Section 304(A) of IPC and sentenced to undergo Simple Imprisonment for one year and to pay fine, against which, the petitioner had preferred an appeal in Criminal Appeal No. 124/2007 before the First Appellate Court viz., Fast Track Court-II at Tumakuru. The First Appellate Court confirmed the judgment of conviction passed by the trial Court, against which the petitioner was before this Court in Criminal Revision Petition No.567/2012. This Court vide order dated 19.08.2021 though confirmed the judgment of the trial Court, altered the sentence of Simple Imprisonment from one year to Simple Imprisonment for two months.
Learned counsel submitted that, the petitioner is serving the sentence and has already undergone 20 days imprisonment. In the meanwhile the petitioner’s son’s marriage is fixed on 20.03.2022 at Kengal, Channapatna Taluk, Ramanagara District. Hence, the petitioner is seeking for his release on parole to attend his son’s marriage. The learned counsel also would submit that, to that effect, an application is submitted to the 3rd respondent-The Superintendent, District Prison, Tumakuru.
The learned AGA on instructions submits that, yesterday ie., on 16.03.2022 the 3rd respondent has received an application from the petitioner seeking parole. The said application would be considered in accordance with law within a day. Rule 191 of the Karnataka Prisons Rules, 1974 permits release of a prisoner either on ordinary parole or on emergency parole, subject to conditions specified therein.
In the case on hand, since the petitioner, who is under remand and imprisonment, the 3rd respondent viz., the Superintendent of District Prison at Tumakuru, shall consider the application and grant parole in accordance with law. The order to that effect shall be passed before 5.00 p.m. on 18.03.2022.
With the above observation, the petition stands disposed of.