Karnataka High Court Releases Life Convict On Parole After Wife Files Plea Claiming She Was Being Deprived Of Her Right Of Progeny

The Karnataka High Court has allowed a petition filed by a wife seeking parole leave for her husband who is a life convict on the ground that she is deprived of her right of progeny.

A single judge bench of Justice S R Krishna Kumar allowed the petition of the woman in part and granted general parole for a period of 30 days to the convict which would become operational from 05.06.2024 to 04.07.2024.

The husband was convicted for offences punishable under sections 302, 201 r/w Section 34 of the Indian Penal Code for an offence registered in the year 2016. The convict has undergone imprisonment for five years and one month and was granted parole for a period of 15 days from 05.04.2023 to 20.04.2023 by a Coordinate Bench of this Court, during which period the petitioner married the detenue.

In her petition, it was argued that she is alone and living with her mother-in-law i.e., mother of detenue and she is deprived of her right of progeny. Her mother-in-law suffers from various ailments and she wishes to spend some time with her grandchildren hence, the petitioner desires that her husband be with him.

The bench on going through the records said “The husband of petitioner has already availed parole for a period of 15 days previously on the application made by the detenue's mother and now his wife seeks parole only on the ground that they got married on 11.04.2023 (during the previous parole period) and she is deprived of her right of progeny. Therefore, I deem it appropriate to grant the husband of the petitioner general parole for a period of 30 days.”

Allowing the petition the court directed that the convict 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 would evade going back to the gaol, after the expiry of the period of general parole. The Chief Superintendent of Prison shall stipulate strict conditions as are usually stipulated, to ensure the return of the detenue to the gaol and that the convict shall not commit any other offence during the period of parole.

Appearance: Advocates Gowthama V, Karthik G for Petitioner.

AGA S T Naik for Respondents

Citation No: 2024 LiveLaw (Kar) 250

Case Title: Neetha G AND State of Karnataka & ANR

Case No: WRIT PETITION NO.11827 OF 2024

Click Here To Read/Download Order