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The Karnataka High Court has directed the prison authorities to consider the representation of a woman and release a murder convict on parole leave, for him to marry her or else she would be given in marriage to someone else. This was in the case of Rathnamma & ANR v. State of Karnataka & Others (WRIT PETITION NO. 7270 OF 2023) and was presided over by a single judge bench of Justice M Nagaprasanna.

FACTS OF THE CASE:

The 1st petitioner is the mother of the detenue one Anand, who now is in the prison on getting convicted for the offences punishable under Sections 302, 201 r/w. Section 34 of the IPC. He was sentenced to life imprisonment. On an appeal filed before this Court, the life imprisonment is said to have been modified to that of imprisonment for 10 years. The detenue is in judicial custody for the last 6 years. 4. The 2nd petitioner claims to be in love with the detenue for the last 9 years, who is now aged about 30 years. Representations are given both by the mother of the detenue  and the 2nd petitioner, who is said to be in love with the detenue, seeking his release on account of the apprehension that the 2nd petitioner would be given in marriage to someone else. The 1st petitioner is said to have two sons, both of whom are in prison and the 1st petitioner being an aged person and suffering from several ailments avers in the petition that it is her wish to see the 2nd petitioner and the detenue – Anand being married and therefore, both have submitted the representations. In the light of those representations being submitted and paucity of time projected, the petitioners are seeking grant of emergency parole for a period of 15 days.

JUDGEMENT:

The Court held that “In the light of the afore-quoted judgments of the coordinate Bench of this Court and the judgments of the Division Bench of the Rajasthan High Court and that of the High Court of Bombay, I deem it appropriate to allow the petition, owing the peculiar facts and circumstances of the case and in the interest of justice. 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.”

 

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JUDGEMENT REVIEWED BY PRATIKSHYA P. BEURA

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