FATHIMA Vs. STATE OF KARNATAKA
LAWS(KAR)-2022-11-858
HIGH COURT OF KARNATAKA
Decided on November 18,2022

FATHIMA Appellant
VERSUS
STATE OF KARNATAKA Respondents




JUDGEMENT

- (1.)The petitioner is before this Court calling in question the order dtd. 8/9/2020, by which, the respondents- Authority turns down the application submitted by her for release of her son on parole.
(2.)Heard Sri Arvind N., on behalf of Sri Mohan Kumar D., learned counsel appearing for the petitioner and Sri M.Vinod Kumar, learned High Court Government Pleader appearing for the respondents.
(3.)Sans details, facts in brief are as follows;
The petitioner is the mother of the detenue who gets convicted and sentenced to life imprisonment by the trial Court for the offences punishable under Ss. 302 and 201 read with Sec. 34 of the IPC and the same was confirmed by this Court. The detenue is in judicial custody for the past six years. The detenue had submitted an application before respondent No.2 seeking emergency parole for a period of 15 days on the ground that her mother is suffering from serious health issues. The said application was rejected on the basis of the police verification report submitted by the Adugodi police station, wherein it is cited that the prisoner surety address does not match and the prisoner may create law and order issue in the locality. The order of rejection reads as follows;

"ENDORSEMENT

Sub:- Regarding Emergency Parole of Convict Prisoner No.11646 Shri.Saadiq Ahmed S/o. Pyaare Jaan- reg

Ref:- 1. Your Emergency Parole application dtd.: 18/8/2020.

2. Adugodi PS, Bangalore No.180/20, dtd.: 27/8/2020

With reference to the above subject, your application regarding sanction of Emergency parole citing your mother's illness at ref (1) was sent for Police verfication on 21/8/2020. The same has been rejected by Adugodi PS, Bangalore at ref(2) citing that prisoner surety address does not match and prisoner may create law and order issue in the locality. Hence, your application for Emergecy Parole is rejected hereby."



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