THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE RAJA ELANGO Writ Petition No.9324 of 2010 Date: 22-4-2010 Between Kotta Tirupathi Rao … Petitioner and Government of A.P., Rep. by its Principal Secretary, Home Department, Secretariat, Hyderabad and 2 others … Respondents THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE RAJA ELANGO Writ Petition No.9324 of 2010 Oral Order: (per D.S.R.Varma, J) Heard the learned counsel for the petitioner and the learned Government Pleader for Home. 2. The writ petition is for a relief of mandamus directing respondent No.2 to release the brother of the petitioner viz., Kottha Mallikharjuna Rao, who has been sentenced to undergo imprisonment for life in connection with Sessions Case No.26 of 2007 dated 28-11-2008 on the file of the X Additional Sessions Judge (Fast Track Court, Narsaraopet, Guntur district for a period of one week i.e., from 25-4-2010 to 01-5-2010 to attend the death ceremony of his father to be conducted from 26-4-2010 to 29-4-2010. 3. In fact, the petitioner was forced to file this writ petition because there is no appeal preferred challenging the judgment rendered by the trial court. Otherwise, a regular bail application under Section 389 of Cr.P.C., would have been filed and the same would have fallen for consideration before this court. Therefore, obviously, the present writ petition came to be filed. 4. Initially, this court expressed a doubt as regards the maintainability of the writ petition. In normal course, it is for the Government to consider whether to grant temporary relief of parole to the prisoners undergoing imprisonment. But even that relief is not being asked for by the petitioner in the present writ petition. 5. However, we are of the view that this court has to mould the relief suiting to the facts and circumstances of the case while exercising its jurisdiction under Article 226 of the Constitution of India. Unfortunately, no other provision, which is relevant for this purpose regarding the power of the Government to exercise its jurisdiction to grant parole or release the prisoner, who has not filed any appeal before this court, is brought to the notice of this court by either side. 6. The learned Government Pleader however brings to the notice of this court that there is G.O.Ms.No.647, dated 23-10- 1981, according to which, it is only the Government, which can pass appropriate orders in cases of present nature. Bu,t since the said G.O., is not pressed into service, we are unable to assess the efficacy of it. 7. Therefore, taking into account the totality of the circumstances and with a holistic and pragmatic approach since there is no other effective alternative remedy, we deem it appropriate to invoke our extraordinary jurisdiction under Article 226 of the Constitution of India. 8. Accordingly, respondent No.2/The Superintendent, Central prison, Rajahmundry, East Godavari district is directed to release the prisoner viz., Kottha Mallikharjuna Rao, which is in the nature of parole w.e.f. 25-4-2010 to 01-5-2010, subject to the condition that the prisoner offering personal bond for a sum of Rs.10,000/- (Rupees ten thousand only) to the satisfaction of the Superintendent, Central Prison, Rajahmundry and he shall surrender before respondent No.2 on 01-5-2010 at or before 6 p.m. 9. Respondent No.2 is further directed to effect such release with necessary police-escort, as required, at the cost of the prisoner. The prisoner shall make necessary arrangement initially to deposit a sum of Rs.5,000/- (Rupees five thousand only) with respondent No.2, in order to meet the expenditure of the police-escort. 10. It is made clear that any deficit shall be made good by the prisoner. 11. We are making it further clear that this order shall not be treated as a precedent, inasmuch as, this order is passed in the peculiar facts and circumstances of the case. 12. Subject to the above observations and conditions, the writ petition is allowed, at the stage of admission. ___________________ JUSTICE D.S.R.VARMA ___________________ JUSTICE RAJA ELANGO 22nd April, 2010. Note:- Issue c.c. by tomorrow (23-4-2010). (B/o) Ak THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE RAJA ELANGO Writ Petition No.9324 of 2010 (Order of the Division Bench delivered by DSRV, J.) 22nd April, 2010.