Read Time: 05 minutes

Synopsis

The Karnataka High Court has approved a petition granting a 30-day general parole to a life convict, filed by his wife, on the ground of enabling him to fulfil her conjugal right to have children.

Justice S.R. Krishna Kumar, presiding over the court, delivered the verdict on the plea seeking a 90-day parole under the Prison Manual provisions. The court noted “The petitioner pleads 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,” allowing the convict to be on parole from June 5, 2024, to July 4, 2024.

The petitioner’s husband was convicted under Sections 302 and 201 read with Section 34 of the Indian Penal Code and sentenced to life imprisonment. He was previously granted a 15-day parole from April 5, 2023, to April 20, 2023, during which he married the petitioner. The petitioner further highlighted her living situation with her ailing mother-in-law, who desires to spend time with her grandchildren.

The court, upon reviewing the plea, acknowledged that the husband had already availed parole for his marriage and now sought additional parole to address the petitioner’s right to progeny. The court acknowledged that the husband of petitioner had already availed parole for his marriage and now sought additional parole to address the petitioner’s right to progeny.

“Therefore, I deem it appropriate to grant the husband of the petitioner general parole for a period of 30 days,” the court said, while granting the parole.

The court also issued the following directions:

Attendance Requirement: The convict must mark his attendance at the jurisdictional police station once a week during the parole period. The jurisdictional police are responsible for ensuring his return to prison if he fails to do so voluntarily after the parole ends.

Strict Conditions: The Chief Superintendent of Prison has been instructed to impose strict conditions to ensure the convict's compliance and to prevent any new offences during the parole period.

Immediate Communication: The court directed the registry to communicate this order to the Chief Superintendent of Prison via electronic mail immediately.

Possible Extension: The convict is at liberty to seek an extension of the general parole, which will be considered based on the convict's conduct while on parole.

 

Cause Title: NEETHA G. v STATE OF KARNATAKA [WP  NO.11827 OF 2024]