ANANDA Vs. DIRECTOR GENERAL OF POLICE

JUDGEMENT

(1.) The petitioner - convict (CTP No.11209) - Ananda @ Kuppa, is before this Court seeking a direction by issuance of a writ in the nature of mandamus to the respondents to release him on emergency parole for a period of 30 days in terms of the Prison Manual, on account of his mother suffering from ailments and also seeks quashment of an endorsement dtd. 12/7/2023, issued by respondent No.2, rejecting his application seeking emergency parole.

(2.) Heard Sri Pradeep Patil, learned counsel for the petitioner and Sri K.P.Yoganna, learned Additional Government Advocate for the respondents - State.

(3.) The petitioner is a convict, who is suffering life imprisonment for the offences under Ss. 143, 147, 148, 120B and 302 of the IPC in S.C.No.891/2017, in terms of the judgment of conviction dtd. 20/4/2019. The petitioner has been in prison for the last 7 years and 8 months as on today. The petitioner has been released on general parole and also emergency parole in the past on four occasions. His conduct during the period of paroles, is good and in the prison has been satisfactory, in terms of the imprisonment certificate. There is no adverse remark indicated in the report or the imprisonment certificate. What has driven the petitioner to move the subject petition is the endorsement issued by respondent No.2 dtd. 12/7/2023, rejecting his application seeking emergency parole. The averment in the petition is that, his mother is suffering from health problems and need treatment. The petitioner is wanting to attend to his mother and the mother is also desirous of being with the petitioner. Therefore, the petitioner is seeking emergency parole for a period of 30 days.