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High CourtsSingle Bench(2025) 03 KAR CK 0484

Shakunthala, W/O Mani M. vs State Of Karnataka Represented By Its Secretary, Department Of Home, Vidhana Soudha, Bengaluru - 560001 & Ors.

Karnataka High Court, Principal Bench · Decided on 4 March 2025

HON’BLE JUDGES
H.P. Sandesh, J
RESULT
Dismissed
CASE NUMBER
Writ Petition No. 2273 Of 2025 (GM-POLICE)

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Judgment

13 paragraphs · 379 words

M. Nagaprasanna, J

1.

Petitioner is before this Court seeking release of her son on grant of parole.

2.

Heard Sri Raghavendra Gowda K., learned counsel appearing for petitioner and Sri Mohammed Jaffer, learned Additional Government Advocate appearing for respondents.

3.

The son of the petitioner gets embroiled in a crime which is tried in Sessions case No.1269 of 2013 and is convicted for offences punishable under Section 302 of the IPC inter alia. The petitioner had initially sought parole owing to her ill-health and the necessity of the son being with her. The parole is granted and no adverse entries are indicated at the time when the son of the petitioner was out on parole. It is also a matter of record that the son of the petitioner is back to the gaol after completion of parole.

4.

In the light of the aforesaid circumstance and also since the petitioner is ailing, the necessity of her son being with the mother is imperative. Hence, I deem it appropriate to grant the convict/son of the petitioner parole for a period of 45 days to become operational from 06-03-2025, with certain conditions.

5.

For the aforesaid reasons, the following:

ORDER

(i) The Writ Petition is allowed-in-part.

(ii) Mandamus issues to the respondent No.2 to release the son of the petitioner (CTP No.11478) on general parole for a period of 45 days, commencing from the forenoon of 06.03.2025, till the evening of 20.04.2025.

(iii) The convict (CTP No.11478) shall mark his attendance before 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 convict would evade going back to the gaol, after the expiry of the period of parole.

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

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

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