Pendency of Criminal Appeal or Non-Filing of Bail Application No Bar to Consider Parole: Karnataka High Court - 2025-09-27

Pendency of Appeal No Bar to Parole, Clarifies Karnataka High Court

Bengaluru: The Karnataka High Court, in a significant ruling, has clarified that the pendency of a criminal appeal or the non-filing of an application for bail does not preclude a convict from being considered for parole. Justice Suraj Govindaraj emphasized the distinct nature of parole as a time-bound, emergency measure, separate from the broader reliefs of bail or sentence suspension.

The court granted 60 days of general parole to a life convict, Siddanagouda, to care for his ailing mother, Eshwaramma, who had filed the writ petition on his behalf.

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Case Background

The petitioner, Eshwaramma, approached the High Court seeking the release of her son, Siddanagouda (CTP No.13583), on 90-day general parole. Siddanagouda was sentenced to life imprisonment by the Additional District and Sessions Judge, Ballari, on July 20, 2023, for offences under Sections 341 (wrongful restraint) and 302 (murder) of the Indian Penal Code.

While the convict had a pending criminal appeal against his conviction (Criminal Appeal No.100176/2024), an earlier application for suspension of sentence and bail had been withdrawn. The parole application was filed on the grounds of his mother's severe illness, supported by a medical certificate. A police report dated February 25, 2025, had previously recommended against granting parole.

Arguments Presented

The State, represented by the Additional Government Advocate, argued that since a criminal appeal was pending, the convict’s remedy was to file for suspension of sentence or bail within those proceedings. The State contended that this made the parole application untenable.

Counsel for the petitioner, Shri Sirajuddin Ahmed, argued that parole serves a different purpose and is granted under exigent circumstances, which should be considered independently of the pending appeal.

Court’s Reasoning: Parole vs. Bail

Justice Suraj Govindaraj firmly rejected the State's argument, providing a clear distinction between parole and other legal remedies like bail or suspension of sentence. The Court observed that bail and suspension of sentence are typically granted for the entire duration of the appeal and are not time-restricted.

In contrast, parole is a temporary, time-bound release granted for specific exigent reasons, such as a family emergency. The Court highlighted that after the parole period expires, the convict must return to prison to serve the remainder of their sentence.

The judgment referenced a previous High Court order ( Arjun S/o Lakkappa Hurakannavar Vs State of Karnataka ), which had established that neither the pendency of an appeal nor the rejection of a bail application would bar the consideration of a parole request.

"Thus, in my considered opinion, it would not be required for a convict to file an application for suspension of sentence and/or bail instead of filing an application for parole. The non-filing of such an application... would not deprive the convict of consideration for parole."

The Court also criticized the authorities for failing to provide a reasoned order for rejecting parole. It noted that the police report did not adequately consider the convict's mother's illness or the relevant provisions of the Karnataka Prison Manual (Sections 635, 636, 637, and 643).

Final Decision and Directives

Partly allowing the writ petition, the High Court directed the authorities to release Siddanagouda on general parole for 60 days to care for his mother. The release is subject to conditions, including:

1. The convict must mark his attendance at the jurisdictional police station once a week during the parole period.
2. The authorities must impose strict conditions to ensure his return to prison and prevent any further offences.
3. The jurisdictional police are responsible for ensuring the convict returns to jail after the parole period expires.

The registry was directed to communicate the order to prison authorities for immediate execution, underscoring the urgency of the matter.