Puttaswamy vs The Principal Secretary
2022 Latest Caselaw 5000 Kant

                         1

  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

      DATED THIS THE 17TH DAY OF MARCH, 2022

                      BEFORE

       THE HON'BLE MR. JUSTICE S.G. PANDIT

           W.P. No.5840/2022(GM-POLICE)

BETWEEN

PUTTASWAMY
S/O LATE CHIKKANNAGOWDA
AGE ABOUT 62 YEARS
R/AT UPPAGEREDODDI
ACHALA POST, SATHUR HOBLI
KANAKAPURA TALUK
RAMANAGARA DISTRICT-562 117
                                       ... PETITIONER
(BY SRI. HANUMANTHAPPA B. HARAVIGOWDAR, ADV.)

AND

1 . THE PRINCIPAL SECRETARY
   DEPARTMENT OF HOME AFFAIRS
   VIKASA SOUDHA
   BENGALURU-560 001

2 . THE DIRECTOR GENERAL OF POLICE
   AND INSPECTOR GENERAL OF POLICE
   GOVERNMENT OF KARNATAKA
   NRUPATUNGA ROAD
   BENGALURU-560 001

3 . THE SUPERINTENDENT
   DISTRICT PRISON
   TUMKUR-570 005
                                     ... RESPONDENTS

(BY SRI. M. VINOD KUMAR, AGA FOR R1 TO R3)
                           2

      THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO
DIRECT THE R3 TO RELEASE THE PETITIONER FOR
ATTENDING HIS ONLY SON'S MARRIAGE BY NAME
KARTHIK GOWDA P., SCHEDULED TO BE HELD ON
20.3.2022 AT HOLIDAY GREEN CONVENTION HALL, KANVA
ROAD, KENGAL (3 KMS), CHANNAPATNA RAMANAGARA
DISTRICT VIDE ANNEXURE-C AND ETC.

     THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-

                       ORDER

The petitioner is before this Court praying for a

writ of mandamus to release the petitioner on parole

for attending his son's marriage to be held on

20.03.2022 at Kengal, Channapatna Taluk,

Ramanagara District.

2. Heard Sri. Hanumanthappa

B.Haravigowdar, learned counsel for the petitioner and

Sri. M. Vinod Kumar, learned Additional Government

Advocate for the respondents.

3. Learned counsel for petitioner would submit

that, the petitioner was convicted in CC No.184/1998

on the file of Principal Civil Judge (Jr.Dn) and JMFC at

Kunigal for the offence under Section 304(A) of IPC

and sentenced to undergo Simple Imprisonment for

one year and to pay fine, against which, the

petitioner had preferred an appeal in Criminal Appeal

No. 124/2007 before the First Appellate Court viz.,

Fast Track Court-II at Tumakuru. The First Appellate

Court confirmed the judgment of conviction passed by

the trial Court, against which the petitioner was before

this Court in Criminal Revision Petition No.567/2012.

This Court vide order dated 19.08.2021 though

confirmed the judgment of the trial Court, altered the

sentence of Simple Imprisonment from one year to

Simple Imprisonment for two months.

4. Learned counsel submitted that, the

petitioner is serving the sentence and has already

undergone 20 days imprisonment. In the meanwhile

the petitioner's son's marriage is fixed on 20.03.2022

at Kengal, Channapatna Taluk, Ramanagara District.

Hence, the petitioner is seeking for his release on

parole to attend his son's marriage. The learned

counsel also would submit that, to that effect, an

application is submitted to the 3rd respondent-The

Superintendent, District Prison, Tumakuru.

5. The learned AGA on instructions submits

that, yesterday ie., on 16.03.2022 the 3rd respondent

has received an application from the petitioner

seeking parole. The said application would be

considered in accordance with law within a day. Rule

191 of the Karnataka Prisons Rules, 1974 permits

release of a prisoner either on ordinary parole or on

emergency parole, subject to conditions specified

therein.

6. In the case on hand, since the petitioner,

who is under remand and imprisonment, the 3rd

respondent viz., the Superintendent of District Prison

at Tumakuru, shall consider the application and grant

parole in accordance with law. The order to that

effect shall be passed before 5.00 p.m. on

18.03.2022.

With the above observation, the petition stands

disposed of.

SD/-

JUDGE

KGR*