Karnataka High Court
Sri Shivappa Bellad vs Superintendent Of Open Air Prison on 22 May, 2023
Bench: Krishna S.Dixit
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WP No. 8631 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF MAY, 2023
BEFORE
THE HON'BLE MR JUSTICE KRISHNA S DIXIT
WRIT PETITION NO. 8631 OF 2023 (GM-POLICE)
BETWEEN:
Digitally signed
by SHARADA SRI SHIVAPPA BELLAD
VANI B S/O SHIVAPPA BELLAD
Location: HIGH AGED ABOUT 43 YEARS
COURT OF R/A BENAKANAVARI VILLAGE
KARNATAKA HUNGUND DISTRICT
BAGALKOTE DISTRICT-587118
NOW HOUSED AT OPEN AIR JAIL
DEVANAHALLI
BENGALURU RURAL DISTRICT-562164
(CTP NO.1032)
...PETITIONER
(BY SRI K B MAHESH KUMAR, ADVOCATE FOR
SRI. PRADEEP PATIL.,ADVOCATE)
AND:
1. SUPERINTENDENT OF OPEN AIR PRISON
KORAMANGALA VILLAGE, DEVANAHALLI TALUQA
BENGALURU RURAL DISTRICT-562110
2. THE DIRECTOR GENERAL OF POLICE
PRISONS AND CORRECTIONAL SERVICES
SESHADRI ROAD, BENGALURU-560 001.
3. ADDL. CHIEF SECRETARY TO GOVERNMENT
HOME DEPARTMENT
2ND FLOOR, VIDHANA SOUDHA
BENGALURU-560001
...RESPONDENTS
(BY SRI. B V KRISHNA., AGA)
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WP No. 8631 of 2023
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE ENDORSEMENT DATED 10.11.2022 VIDE
NO.OAJ/J1/589/2022-23 ISSUED BY R1 PRODUCED AS
ANNEXRE-C; DIRECT THE RESPONDENTS TO CONSIDER THE
REQUISITION OF THE PETITIONER FOR GRANT OF GENERAL
PAROLE FOR 30 DAYS (EXTENDABLE) SO AS TO ENABLE HIM
TO ATTEND HIS AILING AND TO FURTHER RELEASE THE
PETITIONER ON GENERAL PAROLE AS PER RULE 191 OF THE
KARNATAKA PRISONS RULES PRODUCED AS ANEXURE-H.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Petitioner, who is serving a prison sentence is
knocking at the doors of Writ Court seeking inter alia the
following prayer: "(b) Issue a Writ Order or direction in the
nature of mandamus to the Respondents to consider the
requisition of the Petitioner for grant of general parole for
30 days (extendable) so as to enable him to attend his
ailing mother...as per Rule 191 of the Karnataka Prison
Rules..."
2. Learned counsel appearing for the Petitioner
submits that his client has currently served a prison
sentence of 7 years, during which his conduct has
remained good. He adds that during the course of his
sentence, his mother has suffered certain health problems.
WP No. 8631 of 2023
Owing to old age, he adds that his client's application for
parole couldn't have been rejected by the Superintendent
of Police vide letter no. OAJ/J1/589/2022-2023, without
appreciating the however, owing to the declining health
condition of petitioners mother. Petitioner adds that he
would provide an undertaking given through his counsel
that he will not seek extension of parole period. This
submission is placed on record.
3. Learned AGA on request having accepted notice
for the respondents opposes the petition contending that
parole & furlough are not a matter of right. On being
asked as to the conduct of the petitioner convict serving
the sentence all these years, in all fairness, he stated that
no adverse entries are reflected in the Jail Conduct
Register.
4. Having heard the learned counsel for the parties
and having perused the petition papers, this Court, being
conscious of the shortness of human life and the
irreplaceable position and bond between mother and
children, is inclined to grant a restrictive & conditional
WP No. 8631 of 2023
indulgence in the matter inasmuch as petitioner's mother
Smt. Gangavva, aged about 75 years, an inpatient in
General hospital Kushtagi, is stated to be suffering from
ailments natural to the old age. Valmiki in Ramayana
says, "Janani Janma Bhoomischa Swargaadapi Gariyasi"
meaning "...mother and motherland are superior even to
heaven." When a mother is in contemplation of death, as
argued at the Bar, it is a legitimate urge for the children to
see her and for the mother to see her children. This court
sees no reason, why a reasonable opportunity to see the
mother, must be denied to the petitioner and thereby to
deprive the mother sight of her child.
5. A Co-ordinate Bench of this Court, vide judgment
in W.P. No.24274/2022, between SRI. OMKARMURTHY vs.
ASST. SUPERINTENDENT OF POLICE disposed off on dated
12.12.2022 has sympathetically considered the case of the
kind and granted release on parole and therefore, some
wisdom can be drawn from the reasoning in the said
judgment which favors the case of petitioner. What George
A. Ellis in his book 'Inside Folsom Prison' said about the
WP No. 8631 of 2023
nature of convicts very pertinently has been reproduced
below:
"Contrary to popular opinion, all convicts
are not rock-hard individuals lacking sufficient
emotional balance. They are people, with fears
and aspirations like everyone else. Generally,
they don't want to fight with or kill their
neighbor any more than the man on the street.
They want to live in peace and return to it their
loved ones as soon as possible. They are not a
different breed of human being or a distinct
type of mentality. They are persons who have
made mistakes. This point is made not to
solicit pity but to bring attention to the fact that
any individual could be caught in a similar web
and find himself inside a pit such as Folsom
Prison..."
In the above circumstances, this writ petition
succeeds in part; the Respondent - Superintendent of
Open Air Prison is directed to grant emergency parole of
three weeks, i.e., from forenoon of 24.05.2023 till the
afternoon of 14.06.2023 to the petitioner, subject to all
usual restrictions and conditions in accordance with law.
No costs.
Sd/-
JUDGE
bsv/MV
