High CourtsSingle Bench(2025) 03 KAR CK 0503

Rathnamma vs State Of Karnataka Home Department, Through Principal Secretary Vidhana Soudha Bengaluru - 560001 & Ors.

Karnataka High Court, Principal Bench · Decided on 14 March 2025

HON’BLE JUDGES
M. Nagaprasanna, J
RESULT
Partly Allowed
CASE NUMBER
Writ Petition No. 2328 Of 2025 (GM-POLICE)

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Judgment

13 paragraphs · 366 words

M. Nagaprasanna, J

1.

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

2.

The petitioner - mother of the convict is at the doors of this Court seeking grant of general parole for her son for the first time throughout the son being in judicial custody. The son of the petitioner gets embroiled in a crime, which is tried as S.C No.106 of 2019 and is sentenced to 10 years imprisonment, out of which, the son of the petitioner has now completed close to 6 years 7 months and does not sort parole even once.

3.

The learned counsel for the petitioner submits that the reason for seeking general parole is, growing of crops in the land, which the mother by herself cannot undertake.

4.

In that light, I deem it appropriate to grant the son of the petitioner general parole for a period of 60 days from the forenoon of 17.03.2025 upto the evening of 15.05.2025.

5.

For the aforesaid reasons, the following:

ORDER

(i) The Writ Petition is allowed in part.

(ii) Mandamus issues respondent No.2 to consider the representation of the petitioner and release the son of the petitioner on general parole for 60 days, from the forenoon of 17.03.2025 upto the evening of 15.05.2025.

(iii) Respondent No.2 shall stipulate strict conditions as are usually stipulated, to ensure the return of the detenue (CTP No.12089) to the gaol and that he shall not commit any other offence during the period of general parole.

(iv) The detenue (CTP No.12089) shall mark his attendance in 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 detenue would evade going back to the gaol, after the expiry of the period of general parole.

(v) Registry is directed to communicate this order to respondent No.2, by way of electronic mail, forthwith.

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