High CourtsSingle Bench(2025) 05 KAR CK 0355

Thimmakka vs State Of Karnataka By The Secretary To Home Department Vidhana Soudha Bengaluru - 560001 & Ors.

Karnataka High Court, Principal Bench · Decided on 2 May 2025

HON’BLE JUDGES
S Vishwajith Shetty, J
RESULT
Dismissed
CASE NUMBER
Writ Petition No. 10591 Of 2025 (GM-POLICE)

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Judgment

11 paragraphs · 306 words

M. Nagaprasanna, J

1.

Petitioner, the mother of convict, is before this Court seeking release of her son, on grant of emergency parole for a period of 45 days.

2.

Heard Sri Rakshith R, learned counsel appearing for petitioner and Sri Rahul Cariappa, learned Additional Government Advocate appearing for respondents.

3.

The son of the petitioner gets embroiled in crime No.226 of 2019 for offence punishable under Section 302 of the IPC. The son of the petitioner is convicted in S.C.No.133 of 2019. The petitioner is said to have developed gangrene on her left foot and has to be operated immediately, for which the presence of the petitioner’s son is imperative. As on today, the son of the petitioner has been in prison for over 4 years and 10 months.

4.

In that light, I deem it appropriate to grant the son of the petitioner, emergency parole, for a period of 45 days from the date of his release from prison. Hence, the following:

ORDER

(i) The Writ Petition is allowed.

(ii) Respondent No.2 is directed to release the son of the petitioner (CTP No.12120) on emergency parole for a period of 45 days, from the date of his release.

(iii) The convict shall mark his attendance before the jurisdictional police station, weekly once, throughout the period of his 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) Registry is directed to communicate this order to respondent No.2, by way of electronic mail, forthwith.