Karnataka High Court
Hasina Banu Bashirahnad Kavare vs State Of Karnataka on 10 June, 2024
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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NC: 2024:KHC:20005
WP No. 898 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO.898 OF 2024 (GM-POLICE)
BETWEEN:
HASINA BANU BASHIRAAHMAD KAVARE
W/O BASHIRAAHMAD KAVARE (CTP NO.4189)
AGED ABOUT 56 YEARS
R/AT KOKATANUR TALUK, ATHANI
KOKATNOOR, BELAGAUM
KARNATAKA - 591 230.
...PETITIONER
(BY SRI. SIRAJUDDIN AHMED, ADVOCATE)
AND:
1. STATE OF KARNATAKA
THROUGH PRINCIPAL SECRETARY
VIDHANA SOUDHA
BENGALURU 560001
2. CHIEF SUPERINTENDENT
CENTRALPRISON, VIJAYAPURA
Digitally signed KARNATAKA 586 130.
by VANDANA S
Location: HIGH
COURT OF 3. THE LIFE CONVICTS RELEASE COMMIITTEE
KARNATAKA REP. BY ITS CHAIRMAN AND PRINCIPAL SECRTARY
HOME DEPARTMENT
VIDHANA SOUDHA
BENGALURU 560 001.
4. THE DIRECTOR GENERAL OF POLICE
PRISONS AND CORRECTIONAL SERVICES
SESHADRI ROAD
BENGALURU 560 001.
...RESPONDENTS
(BY SRI.S.T.NAIK, AGA)
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NC: 2024:KHC:20005
WP No. 898 of 2024
THIS W.P IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUTION OF INDIA PRAYING TO DIRECT R2 AND R3 THAT
PETITIONER'S HUSBAND MAY BE ENLARGED / RELEASED
PREMATURELY BASED ON THE PERIOD HE HAS UNDERGONE
AND HIS CONDUCT IN JAIL AS WELL AS HIS PRESENT HEALTH
STATUS VIDE ANNEXURE-A.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
The petitioner is before this Court seeking a direction by
issuance of a writ in the nature of mandamus to the
respondents to consider her request for premature release of
her husband, who is a life convict - CTP No.4189 in terms of
the Prison Manual.
2. Heard learned counsel appearing for the petitioner
and learned Additional Government Advocate appearing for
respondents.
3. The brief facts are as follows:
The petitioner's husband commits crime which ends up
in his conviction in S.C.No.579/2003. On the registration of a
crime for the offences punishable under Sections 120B, 121A,
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124A, 153A of IPC, the petitioner's husband was convicted
and sentenced to undergo imprisonment for life.
4. The petitioner's husband continues to be in prison
and is now in prison for the last 23 years. On all the aforesaid
basis, the petitioner seeks premature release of her husband
on the ground that her husband has been a life convict for
about 23 years, and since the period of 14 years after which
many other convicts have been granted premature release
has expired as held by the Apex Court and this Court, the
petitioner herein is also entitled to premature release. In
support of his contention, petitioner places reliance on the
judgment of this Court in the case of Sri Omkarmurthy v.
State of Karnataka and Ors. - W.P.No.1300/2023 dated
02.03.2023.
5. Per Contra, learned AGA submits that there is no
merit in the petition and the same is liable to be dismissed.
6. I have given my anxious consideration to the
submissions made by the respective learned counsel and
have perused the material on record.
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7. In Omkarmurthy's case (supra) this Court
followed judgments of the Apex Court and issued appropriate
directions to the Life Convicts Release Committee to conduct /
hold meetings for the purpose of considering the case of writ
petitioner and the like whose cases are placed before it for
consideration of their cases for remission / premature release
by holding as under:
"11. In view of the aforesaid reasons, the
following:
ORDER
(i) Writ petition is disposed.
(ii) A mandamus issues to the 1st respondent -
State to direct the Committee to meet on or before 10th
April, 2023 and consider the case of the petitioner and the
like, whose cases are placed before it, for consideration
of their cases for remission / premature release.
(iii) It is made clear that the State Government
shall henceforth, direct the 2nd respondent / Committee to
meet once in two months, in the light of the directions
issued by the Apex Court in the cases referred to in the
course of the order.
(iv) The directions shall be adhered to from the
1st of April, 2023.
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(v) The petitioner shall be considered for his
release on general parole, in accordance with law, till the
committee meets and considers his application for his
premature release.
(vi) The Registry is directed to communicate the
order to the Additional Chief Secretary, Department of
Home Affairs, Government of Karnataka, Bengaluru for its
compliance."
8. In my considered opinion, the aforesaid judgment
of this Court in Omkarmurthy's case (supra) is directly and
squarely applicable to the facts of the instant case and
consequently, the present petition also deserves to be
disposed of in the aforesaid terms.
9. The petitioner also contends that due to her ill-
health, illnesses and hospitalisation, in addition to considering
the request for premature release, it is necessary that her
husband is released on parole for a period of 90 days. In view
of the facts and circumstances of the instant case, I also deem
it just and proper to direct to release of the petitioner on
general parole for a period of 30 days by imposing certain
conditions.
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10. In the result, I pass the following:
ORDER
(i) The relief of premature release sought for by
the petitioner in the petition is hereby disposed of in
terms of the judgment of this Court in Sri Omkarmurthy
v. State of Karnataka and Ors. - W.P.No.1300/2023
dated 02.03.2023.
(ii) The respondents are directed to hold /
conduct the meeting of the Life Convicts Release
Committee to consider the case of the petitioner and the
like whose cases are placed before it for consideration of
their cases for remission / premature release on the next
date of the meeting of the said Committee.
(iii) In addition thereto, detenue (Basheer
Ahamed Kavare) (CTP No.4189) is granted general
parole for a period of 30 days, which becomes
operational from 13.06.2024 to 12.07.2024.
(iv) The convict (CTP No.4189) - shall mark his
attendance in the jurisdictional police station, weekly
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once throughout the period of his parole and it would be
the responsibility of the jurisdictional police to take him to
gaol, in the event, the convict (CTP No.4189) would
evade going back to the gaol, after the expiry of the
period of general parole.
(v) Respondents shall stipulate strict conditions
as are usually stipulated, to ensure return of the detenue
to the gaol and that the convict shall not commit any
other offence during the period of parole
(vi) Registry is directed to communicate this
order to respondents by way of electronic mail,
Sd/-
JUDGE
BMC
