Karnataka High Court Directs Prison Authority To Consider Woman's Plea To Release Murder Convict On Parole For Their Marriage

The Karnataka High Court has directed the prison authorities to consider the representation of a woman and release a murder convict on parole leave, for him to marry her or else she would be given in marriage to someone else.

A single judge bench of Justice M Nagaprasanna allowed the petition filed by Neetha G and Rathnamma and directed the authorities to release the convict Anand. It said “The respondents 2 and 3 are directed to consider the representations of the petitioners and release the detenue/Anand (convict Prisoner No.11699) on parole from the forenoon of 05.04.2023, till the evening of 20.04.2023.”

It added “The respondents 2 and 3 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.”

Neetha along with the convict’s mother had approached the court seeking a direction to the authorities to consider their representations on 25.03.2023 for release of the detenue on parole for a period of 15 days.

It was contended by Neetha that she is in love with the detenue, and sought his release on account of the apprehension that she would be given in marriage to someone else. While, the mother submitted that she being an aged person and suffering from several ailments it is her wish to see the 2nd petitioner and the detenue - Anand being married and therefore, both have submitted the representations.

The counsel for the petitioners argued “The release of the detenue is imperative, otherwise, he will lose the love of his life. Being in prison, he cannot bear the agony of his love getting married to someone else and therefore, seeks emergency parole on any condition that would be imposed upon the petitioner.”

On the other hand the government advocate submitted that “There is no provision for grant of parole to get married. If it were to be anybody else’s marriage that the detenue wanted to attend, it would have been a different circumstance. The objectives of parole as obtaining under Clause 636 of the Prison Manual would not enure to the benefit of the detenue for his release. Sub-clause 12 of Clause 636 of the Prison Manual gives the discretion to the Head of the Institution to grant parole on any other extraordinary circumstances.”

The bench referred to the judgement of the High Court of Rajasthan in the case of Sanjay alias Gafudiya v. State of Rajasthan and that of Bombay High Court in the case of Cecilia Fernandes v. Inspector General, Panaji, wherein the courts had allowed emergency parole to a detenu for facilitating the purpose of marriage.

It then said “I deem it appropriate to allow the petition, owing to the peculiar facts and circumstances of the case and in the interest of justice.”

Further it clarified that the respondents 2 and 3 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.

Case Title: Rathnamma & ANR And State of Karnataka & Others

Case No: WRIT PETITION NO. 7270 OF 2023

Citation: 2023 LiveLaw (Kar) 136

Date of Order: 31-03-2023

Appearance: Advocate Raghavendra Gowda K for Advocate Mohankumara D for petitioner

AGA Vinod Kumar M for respondent.