Karnataka High Court
Parwathamma vs State Of Karnataka on 28 November, 2024
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
-1-
NC: 2024:KHC:49004
WP No. 31866 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
WRIT PETITION NO. 31866 OF 2024 (GM-POLICE)
BETWEEN:
PARWATHAMMA,
W/O NARAYANASWAMY,
SISTER OF PARASU @ KETA PARASU
@ PRAKASH CTP NO.4049,
AGED ABOUT 50 YEARS,
R/O TEKAL VILLAGE, TEKAL HOBLI,
MALUR PO DISTRICT KOLAR,
KARNATAKA - 563 137.
...PETITIONER
(BY SMT.UMME SALMA, ADVOCATE FOR
SRI. SIRAJUDDIN AHMED., ADVOCATE)
AND:
1. STATE OF KARNATAKA,
HOME DEPARTMENT,
Digitally signed by B
K THROUGH PRINCIPAL SECRETARY,
MAHENDRAKUMAR
Location: HIGH VIDHANA SOUDHA,
COURT OF
KARNATAKA BENGALURU - 560 001.
2. CHIEF SUPERINTENDENT,
CENTRAL PRISON,
BELAGAVI - 591 108.
...RESPONDENTS
(BY SRI.K.P.YOGANNA, AGA)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUTION OF INDIA PRAYING TO DIRECT THE R - 2 TO
-2-
NC: 2024:KHC:49004
WP No. 31866 of 2024
RELEASE THE BROTHER OF THE PETITIONER PARASU ALIAS
KETA PRASU ALIAS PRAKASH CTP NO.4049 GENERAL PAROLE
FOR A PERIOD OF 90 DAYS TO RENOVATE THE HOUSE IN THE
INTEREST OF JUSTICE.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
ORAL ORDER
Learned Additional Government Advocate accepts notice for respondent Nos. 1 and 2.
2. The petitioner's brother, CTP No. 4049, has been convicted of offences punishable under Sections 143, 147, 148, 341, 323, 307, and 302 read with Section 149 of the Indian Penal Code (IPC) and sentenced to undergo life imprisonment.
3. The petitioner seeks a direction to the respondents for the release of his brother/convict on parole, citing the serious illness of their mother, who is suffering from chronic obstructive pulmonary disease (COPD) and has been referred to the Jayadeva Institute of Cardiology for further treatment.
4. The petitioner has furnished a certificate issued by the General Hospital, Gokak, which establishes the mother's -3- NC: 2024:KHC:49004 WP No. 31866 of 2024 medical condition. The convict is required to provide support, care, and assistance to his ailing mother. It is further submitted that the convict has served more than seven years of his sentence and has not been released on parole to date.
5. In view of the above circumstances, the petitioner has established a prima facie case for the release of his brother/convict on parole.
Accordingly, I pass the following;
ORDER
a. The Writ Petition is allowed.
b. Respondent No.2 is hereby directed to
release the brother of the petitioner/convict
CTP No.4049 on parole for a period of 90 days from the date of his release, subject to prisoner undertaking not to involve in unlawful activities during the parole.
c. Respondents shall stipulate strict conditions as are usually stipulated to ensure their return to the prison and the convict shall not commit any other offence during the period of parole.
-4-NC: 2024:KHC:49004 WP No. 31866 of 2024 d. The Registry is directed to communicate this order to respondents, by way of electronic mail to the jail authorities, forthwith.
e. The brother of the petitioner-convict is at liberty to seek extension of parole.
Sd/-
(HEMANT CHANDANGOUDAR) JUDGE PSJ