BENGALURU: The Karnataka High Court has commuted the death sentence of Saibanna Ningappa Natikar, a 70-year-old convict, on death row and has imposed life imprisonment on the grounds that there was inordinate delay in considering the mercy petition and there were no explanations for the delay. A Divisional Bench of Justice G Narendar and Justice C M Poonacha delivered the verdict on August 17, allowing the writ petition filed by Saibanna in the year 2013.
Apart from commuting the death sentence, the High Court has granted liberty to the petitioner to make an application for remission to the state government and if such application is made, the same shall be considered and disposed off on its own merits.
Saibanna, a native of Kalaburagi, had killed his first wife Malkawwa in January 1988 suspecting her fidelity. He was sent into judicial custody. The petitioner, who had come out on bail in July 1988, married Nagamma and begot a girl child. In February 1993, Saibanna was convicted for the murder of his first wife and was sentenced to life.
When out on parole, in August 1994, suspecting the fidelity of his second wife Nagamma, he killed her and his minor daughter as well. He was then sentenced death penalty. The apex court upheld the trial court’s death penalty and rejected Saibanna’s appeal against the conviction and death penalty.
Saibanna then inadvertently addressed a mercy petition to the Union Government in April 2005, which was sent to be looked into by the Karnataka Governor first. The returned mercy petition was rejected by the Governor in February 2007, without mentioning reasons for non-consideration. Saibanna’s mercy petition was rejected by the President of India in 2013.
Saibanna’s counsel submitted that there was an inordinate delay in disposing the mercy petition, and submitted that the petitioner has been undergoing imprisonment for more than 30 years since 1988. The counsel further submitted that Saibanna was put in solitary confinement, imposing additional suffering.