BENGALURU: The Karnataka High Court observed that the axe that needed to have fallen on actor Darshan for allegedly sitting with a rowdy, Wilson Garden Naga and others, sipping coffee and smoking a cigarette in the Central prison in Bengaluru, had been extended to another accused, Pradosh S Rao, in the Renukaswamy murder case, though he was away from the company. The court directed the prison authorities to shift him from Belagavi Central Prison’s ‘andheri cell’ to Central Prison in Bengaluru.
“Placing an undertrial prisoner in such a cell is unknown to law, unless grave circumstances are ensured. Shifting of undertrial prisoners cannot be at the whim and fancy of the prosecution and such orders, when sought, magistrates ought to apply their mind. If shifting had to be done at all, it could be shifting of Darshan, as he was at the scene, in the company of others, sipping coffee and holding a cigarette. The petitioner, who is away in some cell, is penalised for Darshan’s act,” said Justice M Nagaprasanna.
It was alleged that Pradosh was housed in an ‘andheri cell’ -- a cell with darkness for 15 hours -- and was made to sit in front of the camera for eight hours, on the score that he was under observation. Therefore, Pradosh approached the high court, questioning the order dated August 27, 2024, passed by the 24th Additional Chief Metropolitan Magistrate in the city, to shift him from the central prison of Bengaluru to the Central Prison at Belagavi.
Quashing the order, Justice M Nagaprasanna observed that there was no independent reason to shift the petitioner, particularly to an andheri cell, as there was no allegation against him that he had indulged in certain acts. It has undoubtedly affected the right of the undertrial prisoner who is shifted, and should be re-shifted, the judge said, citing a judgment of the apex court.
The State Public Prosecutor defended the action of shifting the petitioner on the ground that the name of the cell is ‘andheri’, and it is rather surprising that instead of a number given to the cell, the name ‘andheri’ is given.
Making clear that the order would not benefit any other accused in the crime, the court said the impugned order is undoubtedly passed without giving any opportunity to the petitioner to file his objections, if any. On the ground that the photograph showing Darshan sipping coffee and holding a cigarette would demoralise witnesses and provide room for suspicion on differential treatment being given to Darshan, under-trial prisoners were sought to be transferred from the central prison at Bengaluru to a different prison.