In a significant order, the Karnataka High Court has directed the authorities at Bellary Central Prison to release a life convict on parole for 60 days so that he can take care of his ailing mother. The ruling was delivered by Justice Suraj Govindaraj at the Dharwad Bench, emphasizing that parole is a right that can be granted independently-even when a criminal appeal is pending.
The petitioner, Eshwaramma, had approached the court seeking the release of her son, Siddanagouda, who is serving a life term after being convicted in a murder case by a sessions court in Ballari. She pleaded that due to her poor health, she required her son’s support and care.
The state government had opposed the plea, arguing that since the convict had an appeal pending before the High Court, he should instead seek bail or suspension of sentence. However, the court rejected this argument. Justice Govindaraj pointed out that parole and bail serve different purposes. “Parole is a temporary release, bound by specific periods and conditions. It does not require the convict to seek suspension of sentence or bail,” the court observed.
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Referring to an earlier judgment in a similar case, the court clarified that the pendency of a criminal appeal is no barrier to granting parole. The court also noted that the prison authorities had failed to properly consider the humanitarian aspects and relevant provisions of the Karnataka Prison Manual while rejecting the parole application earlier.
In its order, the court laid down strict conditions for the parole. The inmate must report weekly to the local police station, and the police have been instructed to ensure he returns to prison after the parole period. The court also directed the prison department to impose standard conditions to prevent any misuse of the liberty.
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This judgment reinforces the balance between enforcing the law and upholding humanitarian values within the criminal justice system. It sends a clear message that temporary release on grounds such as critical illness in the family should be considered with empathy and in accordance with the law.
The registry has been directed to communicate the order to the prison authorities for immediate compliance, offering relief to the petitioner and her son.
Case Title: Eshwaramma W/o Naganagowda vs. State of Karnataka & Anr.
Case Number: WP No. 101311 of 2025 (GM-POLICE)
