HIGH COURT OF KARNATAKA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) In Crl.A. No.90/2010 c/w Crl.A Nos.16/2010 and 169/2010, one of the appellants (namely appellant No.7/prisoner) was un-represented. Hence, we issued a Body Warrant to produce him before us. But, the Warrant was returned unexecuted with a report that he was released on parole, but did not return to Jail since two years. Therefore, we directed the State to file report as to in how many cases prisoners, who were released on parole, did not return to Jail and the action taken in that regard. Accordingly, on 21.2.2014, the State has filed reports. According to Report No.II, in 42 cases, prisoners, who were released on parole from Central Jail at Bangalore, Mysore, Bijapur, Belgaum, Bellary and Open Air Jail at Koramangala, did not return. Since it is a serious issue, in pursuance of the powers conferred upon this Court under Sections 482 and 483 of Cr.PC, we directed the Registry to separate the Reports I,II,III and IV from Criminal Appeal No.90/2010 and register it as Criminal Petition for further orders. Thus, the present Criminal Petition is registered and posted before us.

(2.) On our request, Sri B V Acharya, learned Senior Counsel, agreed to represent the petitioner/Registrar General of High Court of Karnataka, as amicus curiae. Learned amicus curiae has filed his statement suggesting the following measures:

(3.) Learned Advocate General, Sri Ravivarma Kumar appearing for Respondent No1/ Home Department submitted that the State has taken steps and issued instructions and also advised the Government to make suitable amendment to rule 190(7) of the Karnataka Prison Rules to mandate the superintendent of the prison to lodge complaint against the convict who has failed to surrender before the prison on the scheduled date and time, within 24 hours to the jurisdictional police station of his failure; that the National Information Center (NIC) is implementing the networking of all prisons in India wherein the Home Department has suggested to network the jurisdictional police station of the prison with the prison so as to immediately and electronically intimate the jurisdictional police of the failure of convict to surrender and committing of an offence under section 58 of the Karnataka Prisons Act and post the matter after a period of six months for the review of the actions taken in this regard.