MAHESHA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioner being the life convict seeks release on par with his co-convicts in Sessions Case No.128/1998 disposed off on 20/5/2000. Learned counsel for the petitioner in all fairness submits that his client is again convicted in Sessions Case NO.129/2014 vide order dtd. 4/4/2022 for the offence punishable under Sec. 302 read with provisions of POCSO Act, 2011.

(2.) Learned AGA appearing for the respondents opposes the petition contending that even if there is a direction to release the petitioner on the ground of parity as pleaded at the Bar, the release would not fructify there subsequently being another conviction & sentence again for the life. The Apex Court vide K.N.GURUSWAMY Vs. STATE OF MYSORE, AIR 1954 SC 592 has observed that no futile writs would be issued by the constitutional Courts.

(3.) Learned AGA also submits that remission of sentence & release of serving convicts is a matter of State discretion which needs to be exercised in accordance with rules of reason & justice; petitioner being a life convict for the heinous offence of murder stands convicted for more heinous crime for life & for offences under the provisions of Protection of Children from Sexual Offences Act, 2012; a direction to enlarge such a hardened criminal would strike at the roof of law, reason & justice; so contending, he seeks dismissal of Writ Petition.