Karnataka High Court Grants Parole Of 15 Days To Murder Convict On Account Of Marrying His Lover
The Karnataka High Court has granted emergency parole of fifteen days to a murder convict so that he could marry his long-time lover and hence directed the prison authorities to release him.
A Single Bench of Justice M. Nagaprasanna directed, “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. 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.”
The Bench referred to the case of Cecilia Fernandes v. Inspector General Panaji reported in Laws (Bom)-2017-1-129 wherein the Bombay High Court had granted emergency parole to the detenu on account of his marriage.
Advocate Raghavendra Gowda K. appeared on behalf of the petitioners while AGA Vinod Kumar M. appeared on behalf of the respondents.
In this case, the petitioners i.e., the mother and lover of the murder convict filed a plea before the High Court for his release on parole for a period of 15 days. The convict was in prison for the offences punishable under Sections 302, 201 r/w. Section 34 of the IPC and was sentenced to life imprisonment which got modified to 10 years of imprisonment.
The said convict was in judicial custody for the last six years and his lover aged 30 years claimed to be in love with him for the last nine years. His lover sought his release on account of the apprehension that she would be given in marriage to someone else and his mother being an aged person averred that it is her wish to see his son and his lover getting married.
The High Court in view of the facts and circumstances of the case noted, “The learned counsel appearing for the petitioners - Sri.Raghavendra Gowda K., would contend that 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.”
The Court after going through some judgments of the High Courts said that it is appropriate to allow the petition owing to the peculiar facts of the case in the interest of justice.
Accordingly, the Court allowed the plea and granted parole to the convict.
Cause Title- Rathnamma & Anr. v. The State of Karnataka & Ors.
