Karnataka High Court Grants Parole To Convict For Meeting 75-Yr-Old Mother, Quotes Ramayana Verse 'Janani Janmabhumishcha Swargadapi Gariyasi'

The Karnataka High Court has directed the Superintendent of the Open Air Prison to grant emergency parole of three weeks to a convict to meet his ailing mother.

A single judge bench of Justice Krishna S Dixit allowed the petition filed by convict Shivappa Bellad.

“This Court, being conscious of the shortness of human life and the irreplaceable position and bond between mother and children, is inclined to grant a restrictive & conditional indulgence in the matter inasmuch as petitioner's mother Smt. Gangavva, aged about 75 years, an inpatient in General hospital Kushtagi, is stated to be suffering from ailments natural to old age,” said the court.

The petitioner had contended that he has currently served a prison sentence of 7 years during which his conduct has remained good. During the course of his sentence, his mother has suffered certain health problems, owing to old age.

The court was told the application for parole couldn’t have been rejected by the Superintendent of Police, without appreciating the fact about the declining health condition of the petitioner's mother.

The government advocate opposed the plea saying parole & furlough are not a matter of right. However, on being asked by the court as to the conduct of the convict serving the sentence all these years, in all fairness, it was said that no adverse entries are reflected in the Jail Conduct Register.

The bench allowing the petition in part, said

“Valmiki in Ramayana says, "Janani Janma Bhoomischa Swargaadapi Gariyasi" meaning "…mother and motherland are superior even to heaven."

The court said when a mother is in "contemplation of death", it is a legitimate urge for the children to see her and for the mother to see her children.

"This court sees no reason why a reasonable opportunity to see the mother must be denied to the petitioner and thereby deprive the mother sight of her child,” it added.

Case Title: Shivappa Bellad And Superintendent of Open Air Prison & Others

Case No: WRIT PETITION NO. 8631 OF 2023

Citation: 2023 LiveLaw (Kar) 199

Date of Order: 22-05-2023

Appearance: Advocate K B Mahesh Kumar for Advocate Pradeep Patil for petitioner.

AGA B V Krisha for respondent.

Click Here To Read/Download Order