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Judgment
The present writ petition is filed seeking for the following reliefs:
"a)Issue a writ of certiorari or any other appropriate writ, order or direction quashing the endorsement bearing No. BCP/J3/4176/2026 dated 21.09.2026 issued by the Respondent No.3 - Chief Superintendent, Central Prison, Bengaluru, produced herewith as ANNEXURE-A;
b)Issue a writ of mandamus or any other appropriate writ, order or direction directing the Respondents to release the Petitioner's husband, namely Borashetty S/o Ningaraju, CTP No.15951, presently lodged in Central Prison, Bengaluru, on EMERGENCY PAROLE for an appropriate period, on account of the Petitioner's advanced pregnancy and imminent childbirth, subject to such terms and conditions as this Hon'ble Court may deem fit;
c)Pass such other order or orders as this Hon'ble Court may deem fit in the facts and circumstances of the case, in the interest of justice and equity."
It is stated that during the pendency of the trial, the convict in question was arrested on 30.05.2020 and was granted bail by this Court, pursuant to order dated 05.08.2021 passed in Criminal Appeal No.132 of 2021. Further, the convict in question was once again taken into custody at the time of the sentence awarded by the Sessions Court, i.e. on 17.02.2026. Thereafter, the convict has continued to remain in custody.
The petitioner is the wife of the convict in question (CTP No.15951). The present petition is filed seeking for the emergency parole in view of the imminent birth of the child of the petitioner and the convict. It is forthcoming that the convict in question has been sentenced pursuant to the judgment dated 17.02.2026 passed in SPLC No.217/2020.
The sentence is for, inter alia, imprisonment for life. The convict is stated to have served a period of 1 year 2 months and 24 days as an under trial prisoner and a period of 1 year 9 months and 28 days pursuant to the order of sentence.
Learned AGA upon instruction, submits that the convict has not availed emergency parole till date. The petitioner has also furnished the relevant medical records to indicate that she is in an advanced stage of pregnancy.
In view of the aforementioned, release sought for by the petitioner in the present petition merits consideration. Hence, the following:
ORDER
The writ petition is partly allowed;
The respondent Nos.2 to 4 shall release the convict (CTP No.15951) on Emergency Parole for a period of 10 days subject to the convict undertaking that he shall not involve in any unlawful activities and shall not commit any offence during the period of Parole;
The movements of the petitioner shall be restricted to attending to the medical needs of the petitioner and the same shall not be misused.
The concerned authorities shall be permitted to impose all other conditions that are normally imposed to ensure the return of the convict to jail.
The convict shall surrender before the jurisdictional prison authorities upon culmination of the parole.
Violation of any of the parole condition/s would be viewed strictly;
The Registry to communicate this order to the prison authorities by way of email forthwith;
The present order shall be uploaded online and the concerned authorities shall act on the same upon production of a copy of the uploaded order, which could be verified by scanning the QR code, available in the said order.