BENGALURU: The Karnataka High Court on Wednesday granted time till August 20 to the Inspector General of Prisons to pass orders on representations submitted by accused actor Darshan, who is in judicial custody in connection with the murder of Renukaswamy, seeking permission to get home food, bedding, books, etc.
Granting time after hearing Darshan’s plea, the court orally posed the question to the actor’s counsel that every citizen or undertrial prisoner (UTP) requires a nutritious diet and authorities cannot create a distinction merely because the prisoner is poor, rich, influential, non-influential or an actor.
“If the accused’s health had deteriorated, the doctor would have been assigned. How can we make such a distinction because every UTP is also a citizen? There are scores and scores of UTPs, they also need a diet,” the court observed.
Justice M Nagaprasanna made these observations while adjourning the next hearing to August 20, after the State Public Prosecutor submitted that time may be granted to pass orders on the two representations submitted by the accused, seeking access to home food, bedding, etc.
Senior advocate Prabhuling K Navadagi argued that the accused approached the high court as the magistrate rejected his plea for home food, citing Rule 728 of the Karnataka Prisons and Correctional Services Manual. “The order passed by the magistrate is erroneous since it was based on the Manual, which is contrary to Section 30 of the Karnataka Prisons Act which provides for home food to a UTP, subject to approval from authorities. Even the medical superintendent indicated that the accused is facing some difficulty,” he argued.
The judge said the medical superintendent had indicated general weakness. However, the section of the Act only prescribes the procedure and not how it is to be regulated under the Manual, and will be looked into at the next hearing, the court added.
Darshan moved the high court after the magistrate court rejected his plea for home food on July 25.