Case Note & Summary
The petitioner, Eshwaramma, mother of life convict Siddanagouda, filed a writ petition under Articles 226 and 227 of the Constitution of India seeking a direction to the respondents to release her son on general parole for 90 days on the ground of her illness. The petitioner's son was convicted for life by the Additional District and Sessions Judge, Ballari in S.C.No.7/2021 for offences under Sections 341 and 302 IPC on 20.07.2023. The convict had filed a criminal appeal against the conviction. The court observed that the petition was not supported by any medical records or evidence of emergency. The court held that the ground of old age of the convict's mother does not constitute a valid ground for grant of parole. The petition was dismissed.
Headnote
A) Parole - General Parole - Life Convict - Illness of Mother - The petitioner sought parole for her son, a life convict, citing her own illness. The court held that the application was not supported by any medical records or emergency, and the convict had a pending appeal. The petition was dismissed as the ground of old age of the mother does not constitute a valid ground for parole. (Paras 1-3)
Issue of Consideration
Whether the petitioner is entitled to grant of general parole for 90 days on the ground of illness of the convict's mother.
Final Decision
The writ petition is dismissed.
Law Points
- Parole
- Life Convict
- Medical Emergency
- Pending Appeal
- Article 226
- Article 227
Case Details
2020 LawText (KAR) (08) 29
WP No. 101311 of 2025 (GM-POLICE)
Sirajuddin Ahmed, Sharad V. Magadum
Eshwaramma W/o Naganagowda
State of Karnataka, Chief Superintendent, Central Prison, Bellari
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Nature of Litigation
Writ petition seeking parole for a life convict on ground of mother's illness.
Remedy Sought
Direction to respondent No.2 to release petitioner's son on general parole for 90 days.
Filing Reason
Illness of the convict's mother (petitioner).
Previous Decisions
Convict was sentenced to life imprisonment on 20.07.2023 in S.C.No.7/2021; criminal appeal pending.
Issues
Whether the petitioner is entitled to grant of general parole for 90 days on the ground of illness of the convict's mother.
Submissions/Arguments
Petitioner argued that her son should be released on parole due to her illness.
Respondents opposed the petition, likely on grounds of lack of medical emergency and pending appeal.
Ratio Decidendi
Parole cannot be granted solely on the ground of old age of the convict's mother without any medical emergency or supporting records, especially when the convict has a pending appeal.
Judgment Excerpts
The petitioner is before this Court seeking for the following reliefs: A. Direct the respondent No.2 to release petitioner s son Siddanagouda CTP-13583 on general parole for a period of 90 days in accordance with law citing that illness of the convict mother in the interest of justice.
The petitioner's son Siddanagouda, CTP No.13583, was convicted for life by the Additional District and Sessions Judge, Ballari in S.C.No.7/2021, for the offences punishable under Sections 341 and 302 of the Indian Penal Coder (for short ‘IPC’) on 20.07.2023.
As regards which, the convict has filed a criminal appeal in Criminal Appeal
Procedural History
The petitioner filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka, Dharwad Bench, seeking parole for her son, a life convict. The petition was dismissed on 14.08.2025.
Acts & Sections
- Indian Penal Code, 1860 (IPC): 341, 302
- Constitution of India: 226, 227
