BENGALURU: Police contended that actor Darshan, being an undertrial prisoner accused of murder, cannot be treated on par with other prisoners as per the prevailing prison rules.
In the statement of objections filed through special public prosecutor P Prasanna Kumar, Chandan Kumar N, ACP, Vijayanagar, Bengaluru and investigating officer of the Renukaswamy murder case, in which Darshan has been arrested, said the Karnataka Prisons and Correctional Services Manual-2021 provides for searching an undertrial prisoner accused of murder, including his private clothing and other articles.
Further, such prisoners are not permitted to retain their own clothing, bedding, footwear and cutleries. In this case, the petitioner is accused of committing murder and covered under the above-mentioned rules. Hence, he is not entitled for the relief sought in the present writ petition, he added.
Apart from making omnibus statements regarding ‘ill-health’ of the petitioner, no document whatsoever has been produced to substantiate his claim in the present petition. Furthermore, a reading of the entire writ petition does not indicate any circumstance to permit privately sourced/home cooked food for the petitioner. The claim of the petitioner seeking to permit him to access privately sourced food is neither a necessity nor essential for the petitioner, the statement read.
However, the prosecution admitted that Section 30 of the Prisons Act would permit an unconvicted criminal prisoner to purchase/receive from private sources, food, clothing, bedding or writing materials and other necessities. But Darshan has not made any such request to the inspector-general of the prison concerned. Even if such a request is to be made, the same would still be at the discretion of the inspector-general, who upon considering the necessity, would pass suitable orders. Without availing the remedy and exhausting the same, the petitioner has approached this court, the investigating officer said.
As the govt advocate asked for some accommodation on Thursday, Justice SR Krishna Kumar adjourned the case hearing to Friday afternoon.
