AL NOOR SHARIFF Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioner, convict in Spl.C.C.No.190/2017 for the offence punishable under Sec. 376 of IPC is before this Court praying for a direction to the respondent authorities to release the petitioner on parole for a period of 15 days to repair and renovate his dilapidated house and to make arrangement to transfer his house to his mother Smt.Gulab Jan to eke out her livelihood.

(2.) Heard the learned counsel Sri.Prabhugoud B. Tumbigi for petitioner and learned Additional Government Advocate Sri.M.Vinod Kumar for respondents. Perused the writ petition papers.

(3.) Learned counsel for the petitioner would submit that petitioner is the owner of the property bearing Site No.8, Assessment No.24/3, situated at Doctor Hashim Layout, Kavail Byrasandra Village, Bengaluru North Taluk, BBMP Ward No.95, new Ward No.48. To establish his ownership, petitioner placed on record absolute sale deed dtd. 27/12/2012 at Annexure-F. Learned counsel would invite attention of this Court to Annexure-H and submits that the house of the petitioner is in dilapidated condition and it needs immediate repair. Further, he submits that due to rainy season water gets accumulated and no one could reside in the premises. Therefore, he submits that immediate repair is required to his house. It is also his submission that petitioner intends to transfer property in the name of his mother so that his mother could eke out her livelihood. Learned counsel would invite attention of this Court to Annexures-A and B - police report wherein the police have stated that no repair to his house is required and house stands in the name of the brother of petitioner - Syed Mansoor, which according to the learned counsel is totally false and baseless. He submits that Annexure-F sale deed establishes that petitioner is the owner of the house in question. It is the submission of the learned counsel for petitioner that police report that if petitioner released on parole, he would abscond has no basis. It is submitted that petitioner would not abscond and on expiry of parole, petitioner would surrender to the police authorities. Thus, petitioner would pray for direction to respondents to consider the petitioner's request for parole for 15 days.