VENKATESHWARA RAO Vs. STATE OF KARNATAKA AND ORS.

JUDGEMENT

(1.) The petitioner, who is undergoing imprisonment for life in the Central Jail, Bangalore, in pursuance of the order of conviction and sentence passed against him for the offence punishable under S. 302 of the I.P.C., has moved this Court under Art. 226 of the Constitution fora direction to the respondents to consider his request for his immediate release under Rule 68 of the Karnataka Prison Rules, 1974 (hereinafter referred to as 'the Rules').

(2.) The case of the petitioner is that he has not been keeping good health and the Medical Officer of the Central Jail, Bangalore, has certified that he is dangerously ill and that he is likely to die if he remains in confinement, therefore, he filed an application before the State Government under Rule 68 of the Rules for his immediate release and that application of the petitioner was referred to the authorities concerned under the Rules, lamely, the District Magistrate and the Superintendent of Central Prison, Bangalore, who have no objection for releasing the petitioner, but the State Government has taken a view that in view of the medical report submitted by the Medical Board, the petitioner cannot be considered to be a person dangerously ill and as such there is no case for premature release of the petitioner.

(3.) The State Government has also filed the statement of objections taking the same stand. During the pendency of the writ petition, the State Government was also directed to get the petitioner examined once again. Accordingly, the petitioner was examined by the Medical Board on 2-1-1980. The Board opined that the condition of the petitioner is as follows: