A 28-year-old individual who has been convicted in a murder case has been granted parole of 30 days upon the petition of his wife, who wishes to exercise her right to progeny. The Karnataka High Court, while hearing a petition from a 21-year-old woman, granted the parole and instructed the convict to appear before the jurisdictional police once a week.
Background:
The convict, Anand, was sentenced to life imprisonment for offenses under sections 302, 201, read with 34 of the IPC. He appealed in the Karnataka High Court, and his imprisonment was reduced to 10 years. He was in a relationship with a woman before his conviction, which continued even afterward. He was released on parole for 15 days in April, from April 5, 2023, to April 20, 2023, to marry her, which was extended to an additional 60 days as his wife desired to spend more time with him. The petitioner filed a petition in the Karnataka High Court, arguing that she is deprived of her right to progeny, guaranteed under Article 21 of the Indian Constitution. Additionally, she stated that her mother-in-law’s health condition is not good, and she wishes to spend time with her grandchildren. The convict had already served 5 years and a month of his sentence.
Legal Issue:
The main issue here was whether the convict should be granted parole based on his wife’s plea. The petitioner requested a writ of mandamus to order the Chief Superintendent of Prisons at Central Prison, Parapana Agrahara, to take into consideration her representation and grant her husband a 90-day parole period by invoking Articles 226 and 227 of the Indian Constitution.
Court’s Decision:After hearing arguments from both sides, the court decided to grant 30 days of parole to the convict and made certain observations:
That the wife of the convict was deprived of her right to progeny, which is an important aspect of marital life.
The court also considered her mother-in-law’s health condition and her wish to spend time with her grandchildren.
The court considered the convict's conduct during his previous parole, which supported the current plea of the petitioner.
Conditions imposed by the court:
- The convict will have to appear before the jurisdictional police once a week.
- It is the jurisdictional police's duty to ensure that Anand is brought back into custody following his parole period.
- Strict requirements must be imposed by Respondent No. 2 (Chief Superintendent of Prison) to guarantee Anand's return to prison and his compliance with all laws.
- The court also granted liberty to the petitioner to seek an extension of the parole, which will be based on the conduct of the accused.
