Karnataka High Court Grants Parole for Home Renovation to Convict Under Stringent Conditions

Convict serving a ten-year sentence under POCSO and IPC Sections 376(2)(i) permitted 30-day parole for urgent home repairs, subject to strict compliance measures.

In a significant judgment, the Karnataka High Court has granted parole to a convict serving a ten-year sentence for offences under Section 4 of the POCSO Act and Section 376(2)(i) of the Indian Penal Code. The convict, Srinivasa, was granted a 30-day parole to aid in the repair and renovation of his residence, which was reported to be in a dilapidated condition. The decision was rendered by Justice Suraj Govindaraj in response to a writ petition filed by the convict's mother, Radhamma.

The convict has been in custody for over two years, and the parole was initially denied due to an inadequate police report. However, the High Court emphasized the necessity of detailed assessments in parole applications, particularly regarding potential risks to victims, witnesses, or even the convict himself.

Justice Govindaraj highlighted the objectives of parole under the Karnataka Prisons Act, 1963, and the Karnataka Prisoners and Corrections Service Manual, 2021. These include maintaining family ties, fostering self-confidence, and facilitating home repairs. The court underscored that parole should be a progressive measure to aid rehabilitation and reintegration into society.

The court noted deficiencies in the police reports associated with parole applications, directing improvements in the process. It suggested the implementation of an electronic system to enhance transparency and efficiency in parole procedures.

During the parole period, Srinivasa is required to mark his attendance weekly at the jurisdictional police station. The police have been tasked with ensuring his return to prison after the parole expires. Strict conditions have been imposed to prevent any reoffending during the parole period.

The court's decision aims to balance the rehabilitative aspects of parole with public safety concerns, ensuring that the convict can engage in necessary familial and personal duties while under strict supervision.

Bottom Line:

Parole granted to a convict serving imprisonment under Section 4 of POCSO Act and Section 376(2)(i) IPC for aiding in the repair and renovation of his residence, subject to strict conditions ensuring attendance and preventing reoffending.

Statutory provision(s):  

• - Karnataka Prisons Act, 1963 Section 55  
• - Karnataka Prisons Rules, 1974 Rule 191  
• - Karnataka Prisoners and Corrections Service Manual, 2021 Regulations 635, 638  
• - Section 4 of the POCSO Act  
• - Section 376(2)(i) of the Indian Penal Code

Radhamma v. State of Karnataka, (Karnataka) : Law Finder Doc Id # 2795821