AI Structured Summary
Not yet generated for this judgment
Judgment
M.Nagaprasanna, J
The petitioner - convict (CTP No.10770) – Thirumalesha, is before this Court seeking a direction by issuance of a writ in the nature of mandamus to the respondents to release him on emergency parole for a period of 30 days in terms of the Prison Manual, on account of his daughter coming to a marriageable age and to search for a boy.
Heard Sri Prasanna Kumar P. Daroji, learned counsel for the petitioner and Sri K.P.Yoganna, learned Additional Government Advocate for the respondents – State.
The petitioner is a convict, who is suffering life imprisonment for the offences under Sections 302 and 201 of the IPC in S.C.No.10007/2017, in terms of the judgment of conviction dated 29.10.2018. The petitioner has been in prison for the last 5 years, 3 months and 27 days as on 31.10.2023. The petitioner has been released on general parole for three times in the past and his conduct during the period of paroles is good and in the prison has been satisfactory, in terms of the imprisonment certificate. There is no adverse remark indicated in the report or the imprisonment certificate. What has driven the petitioner to move the subject petition is the endorsement issued by respondent No.2 dated 03.11.2023, rejecting his application seeking general parole. Therefore, to search for a boy to perform marriage with her daughter, the petitioner is seeking emergency parole for a period of 30 days.
Learned High Court Government Pleader does not object for grant of emergency parole to the petitioner on the ground of performing the marriage of the petitioner’s daughter.
In the light of the aforesaid fact and circumstance as projected by the petitioner, I deem it appropriate to grant emergency parole for a period of 30 days, which period commences from the forenoon of 15.04.2024 upto the evening of 14.05.2024.
For the aforesaid reasons, the following:
ORDER
(i) The Writ Petition is allowed.
(ii) Mandamus issues to respondent No.2 to consider the representation of the petitioner and release the detenue/Thirumalesha, (CTP No.10770) on emergency parole from the forenoon of 15.04.2024, till the evening of 14.05.2024.
(iii) The petitioner - convict (CTP No.10770) - shall mark his attendance in 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 (CTP No.10770) would evade going back to the gaol, after the expiry of the period of general parole.
(iv) Respondent No.2 shall stipulate strict conditions as are usually stipulated, to ensure return of the detenue 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.