HC grants parole to convict for entering into wedlock

The high court has directed the prison authorities to consider the representations of a woman and her future daughter-in-law for grant of parole to a convict serving jail term at Central prison at Parappana Agrahara.

The petition was filed by Rathnamma and G Neetha, both from Kolar. It is stated in the petition that Neetha has been in love with Ratnamma’s son - Anand - for the last nine years. Anand was convicted in a murder case and on an appeal the life imprisonment punishment awarded to him was modified by the high court to 10-year jail term.

Rathnamma submitted that she is suffering from several ailments. She claimed that her both sons are in prison and it is her wish to see Anand and Neetha get married. Neetha claimed apprehension that she would be given in marriage to someone else. Both submitted the representations to the prison authorities on March 25, 2023 for the release of Anand on parole for a period of 15 days.

The counsel for the petitioners claimed that Anand’s release on parole is imperative as otherwise he will lose the love of his life. On the other hand, the government advocate submitted that a report is necessary as contemplated under the statute before the release of the petitioner is considered. It was further submitted that there is no provision for grant of parole to get married.

It was also stated that it would have been a different circumstance if detenue wanted to attend someone else’s marriage. Clause 636 of the Prison Manual was cited to submit that it would not enure to the benefit of the detenue for his release, the government advocate stated.

Considering various judgements by both the coordinate bench and of Rajasthan high court and Bombay high court in similar circumstances, Justice M Nagaprasanna issued a direction to the Additional Director General (Prisons) and Chief Jail Superintendent, Central prison, Parappana Agrahara, Bengaluru to release the Anand on parole from the forenoon of April 5, 2023, till the evening of April 20, 2023.

“The respondents (prison authorities) shall stipulate strict conditions as are usually stipulated, to ensure return of the detenue to the gaol and that he shall not commit any other offence during the period of parole,” the court said.