Petitioner, a convict in four cheque bounce cases, is

undergoing imprisonment on conviction. He has made an

application seeking his release on ordinary parole on the

ground that his presence is required for a short period for

the medication of his ailing spouse.

Learned

Additional

Government

Advocate

appearing for the respondents vehemently opposes the

petition contending that a person who has committed

multiple

offences

punishable

under

the

Negotiable

Instruments Act, 1881 cannot, as a matter of right seek

grant of parole or furlough. He banks upon the decision of

this Court in W.P.No.18216/2021 between Rashi Kumara

and the Director General of Police disposed off on

07.10.2021 to buttress his contention. This apart, he

presses into service Rule 191(2)(j)(ii) of the Karnataka

Prisoners Rules, 1974, to oppose the petition.

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3. Having heard the learned Counsel for the parties

and having perused the petition papers, this Court is

inclined to grant indulgence in the matter as under and for

the following reasons.

4. The petitioner has been convicted by a coordinate

Bench of this court in Criminal Appeal Nos.18/2011,

19/2011, 20/2011 & 21/2011 disposed off on 04.12.2020;

presently he has been serving the sentence; his contention

that his wife is ailing, and therefore, his presence is

required for hospitalization, cannot be much disputed,

more particularly during the relapse of Covid-19 in the

form of Omicron.

5. Apparently, the petitioner is not convicted for the

serious IPC offences and that the offences under the

Negotiable Instruments Act, are ordinarily treated as minor

offences in criminal jurisprudence. Therefore, Rule 191 of

the 1974 Rules is not invocable, since the provisions of the

said Rule encompass only very serious offences. This

apart, no material is produced to show that the petitioner

4

is classified as <habitual criminal= in terms of the said

Rule.

6. Apparently, the convicts undergoing sentence for

minor criminal offences are entitled to have their request

for

parole

or

furlough

leniently

considered,

more

particularly, during the special circumstances like Covid

Pandemic.

The

reliance

of

the

learned

Additional

Government Advocate on the decision of Rashi Kumara's

case supra would not come to his rescue, since the litigant

in the said case was convicted for the offence of murder

punishable under Section 302 IPC, which is not the case

here.

In the above circumstances, this writ petition is

disposed off directing the respondents to consider the

petitioner's subject application for ordinary parole leniently

for a short period.

Time for compliance within three weeks.

Costs made easy.

Sd/-

JUDGE

KK