Karnataka High Court: While considering the instant petition seeking direction to the Chief Superintendent of Prison to consider the request for grant of 90-day general parole in terms of the Prison Manual, to her husband for fulfilment of conjugal duties, the Bench of S.R Krishna Kumar, J*., allowed the petition, thereby granting the husband-convict general parole for a period of 30 days from 05-06-2024 to 04-07-2024, so that he can fulfil his conjugal duties.
The petitioner’s husband was convicted for offences under Sections 302, 201 read with Section 34 of Penal Code, 1860 and was sentenced to undergo imprisonment for life. He was earlier granted parole for 15 days from 05-04-2023 to 20-04-2023 by a Co-ordinate Bench of the High Court, during which he married the petitioner.
The petitioner pleaded that she was deprived of her right of progeny. The petitioner further pleaded that she lives alone with her ailing mother-in-law who wishes to spend some time with her grandchildren.
Perusing the plea, the Court noted that the husband-convict had already availed parole to marry the petitioner and with the instant petition, the wife seeks parole only on the ground that they got married on 11-04-2023 and she has been deprived of her right of progeny.
Considering the afore-stated request, the Court deemed it appropriate to grant general parole for a period of 30 days to the husband-convict. The Court further directed the husband-convict to mark his attendance in the jurisdictional police station weekly throughout his parole period. The Superintendent of Prison was also directed to issue strict instructions for the husband’s conduct during the general parole.
[X v. State of Karnataka, 2024 SCC OnLine Kar 53, decided on 03-06-2024]
*Order by Justice S.R. Krishna Kumar
Advocates who appeared in this case :
For petitioner- GOWTHAMA V. AND KARTHIK G., for MOHAN KUMAR D., ADVOCATES
For respondents: S. T. NAIK, A.G.A
Buy Penal Code, 1860 HERE
