ORAL ORDER

The petitioner is before this Court seeking a writ of mandamus to the Superintendent of Central Prison, Chikkamagaluru, to release the petitioner's father on parole for a period of 30 days to attend the obsequies of his mother, who passed away on 31.12.2024.

2. It is stated in the petition that the petitioner's grand mother, Smt.Subhadramma, aged about 84 years died on 31.12.2024 and the petitioner's father is the only son of Smt.Subhadramma. The petitioner's father, Sri.S.S.Nagabhushan is in judicial custody serving his sentence from 04.01.2024 for an offence punishable under Section 324 of IPC. He has been sentenced for a period of one year. It is contended that the petitioner's father has already completed nine months in imprisonment and under such circumstances, the request is made to respondent No.2-Superintendent of Central Prison.

3. Learned counsel would also place reliance on a recent decision of the Co-ordinate Bench of this Court in W.P.No.25100/2023 dated 15.11.2023, where the Co- ordinate Bench took note of the fact that the petitioner herein had not sought for parole from the date of imprisonment and that was for the first time that he sought for parole on similar grounds where the petitioner's father had died. The Co-ordinate Bench directed the Superintendent of Central Prison therein to consider the representation given by the petitioner and to release the detenue on grant of emergency parole for 30 days.

4. Learned counsel prays for similar orders.

5. Yesterday, when the matter had come up, this Court had requested the learned Additional Government Advocate to secure instructions as to whether the petitioner's father or the petitioner had sought for parole in respect of the petitioner's father, earlier.

6. Today, learned Additional Government Advocate submits on instructions that earlier neither the petitioner nor the petitioner's father had sought for parole. Having regard to the fact that the detenue's mother passed away on 31.12.2024 and the petitioner's father is the only son who is required to conduct the obsequies in respect of his mother, this Court deems it fit to pass orders accordingly.

7. The writ petition stands disposed of with a direction to respondent No.2-Superintendent of Central Prison, Chikkamagaluru, to grant emergency parole for a period of 15 days in respect of Sri.S.S.Nagabhushan, CTP.No.2447, commencing from 09.01.2025, for a period of 15 days.

8. It was also brought to the notice of this Court yesterday that the detenue has been shifted to Shivamogga jail. If that is so, this order would apply even if the detenue has been shifted to Shivamogga prisons, and the competent authority who is empowered to pass such orders of parole shall pass such orders accordingly.

9. The respondent Nos.2 and 3 shall stipulate strict conditions as are usually stipulated, to ensure return of the detune to the prison and that he shall not commit any other offence during the period of parole.

10. Registry is directed to communicate this order to respondent Nos.2 and 3, by way of electronic mail, forthwith.