- 1 - NC: 2025:KHC:12600 WP No. 2253 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO. 2253 OF 2025 (GM-RES) BETWEEN: 1. ZULFIKARALI UTP-8487/2013 S/O MOHAMMED HANEEF, AGED ABOUT 30 YEARS, R/AT CENTRAL PRISON DHARWAD-580008. 2. SULEMAN @ MAN BHAI @ OLANGA UTP. NO. 8485/2013, S/O MOHAMMED HANIFA, AGED ABOUT 37 YEARS, R/AT CENTRAL PRISON DHARWAD-580008. 3. MOHAMMED SALIM UTP.NO 11503/2016, S/O KHAZA MOHIDDIN, AGED ABOUT 39 YEARS, R/AT CENTRAL PRISON BALLARI-583103. 4. SHIYABUDDIN @ SIRAJUDDIN @KHALID UTP. NO. 2869/2021, S/O SYEDALAVI, AGED ABOUT 41 YEARS, R/AT CENTRAL PRISON MYSURU-570001. (AS THE PETITIONERS ARE IN PRISONS) REPRESENTED BY 3RD PETITIONER'S MOTHER AYISHA W/O KAJA MYDEEN M/O MOHAMMED SALIM Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:12600 WP No. 2253 of 2025 UTP 11503/2016, AGED ABOUT 63 YEARS, R/AT 117, AZSURA, EAST STREET, MELAPALAYAM, TIRUNELVELI, TAMILNADU-627005. (THE MOTHER OF 3RD PETITIONER IS REPRESENTING ON BEHALF OF OTHER PETITIONERS ALSO) …PETITIONERS (BY SRI. SIRAJUDDIN AHMED., ADVOCATE) AND: 1. STATE OF KARNATAKA HOME DEPARTMENT, THROUGH PRINCIPAL SECRETARY VIDHANA SOUDHA, BENGALURU - 560 001. 2. THE DIRECTOR GENERAL OF POLICE PRISONS AND CORRECTIONAL SERVICES SHESHADRI - ROAD, BENGALURU-560001. 3. THE CHIEF SUPERINDENTENT CENTRAL PRISON BANGALORE - 560100. 4. THE CHIEF SUPERINDENTENT CENTRAL PRISON DHARWAD-580008. 5. CHIEF SUPERINTENDENT CENTRAL PRISON BALLARI-583103. 6. CHIEF SUPERINTENDENT CENTRAL PRISON MYSURU-570001. …RESPONDENTS (BY SRI. M V ANOP KUMAR, HCGP FOR R1) - 3 - NC: 2025:KHC:12600 WP No. 2253 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE / QUASH THE ANNX-A THE ORDER DTD. 31.01.2023 IN SC.NO. 1347/2016 C/W SC.NO.381/2015 PASSED BY THE COURT OF CCH-50 XLIX.A.C.C & S.J. AGAINST THE PETITIONERS NO.1 TO 4 IS CONCERNED. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER The petitioners challenges the order passed by the learned Sessions Court, wherein the requisition filed by the Chief Superintendent Central Prison, Bengaluru, which permitted the petitioners to shift to the prisons as stated against their names in the said requisition. 2. The petitioners are under trial, and are in judicial custody from 2015, and a case came to be registered against the petitioners and others in Crime No.28/2023 stating that accused No.23, who was in judicial custody, had filed an application to plead guilty for the offence charged against him and the petitioners - accused had threatened him with dire consequences, and also assaulted him. 3, The Superintendent, Central Prison, Bengaluru submitted a requisition to shift the petitioner to the prisons as stated against their names stating that there - 4 - NC: 2025:KHC:12600 WP No. 2253 of 2025 are chances of the petitioners and other accused assaulting accused No.23. Following the order passed by the Learned Sessions Court, the petitioners have been shifted to the prisons stated against their names in the requisition. Thereafter, a settlement was arrived between the petitioners - accused and other accused with accused No.1, and in terms of the settlement, the case registered against the petitioners and other accused came to be closed. 4. The petitioners state that they are in judicial custody in various prisons across the State of Karnataka, which are situated more than 400 to 500 km. from the Central Prison, Bengaluru, and although they are provided to appear before the Trial Court through video conferencing on many occasions, the trial has been adjourned due to technical glitches, and therefore, they are deprived of fair and speedy trial as envisaged under Article 21 of the Constitution of India. 5. The other accused in the case registered against them in Crime No.28/2023 have not been shifted except the petitioners - accused herein. The apprehension of the Prison Authority that the petitioners - accused may assault accused No.23 in the future is unfounded, since accused No.23 has amicably resolved the dispute with the other accused, and in terms of the settlement, the complaint - 5 - NC: 2025:KHC:12600 WP No. 2253 of 2025 registered against the petitioners has been closed. Therefore, the apprehension of the Prison Authority that the petitioners - accused may assault accused No.23, no longer exists in view of the settlement and also closure of complaint against the petitioners, and the purpose of shifting of the petitioners to the prisons stated against their names in the requisition does not survive as of today. 6. The learned High Court Government Pleader for the respondent - State has placed on record the representation submitted by the Chief Superintendent, stating that the trial will not be protracted, since the petitioners - accused will be produced before the Trial Court through video conferencing , and there is every chance that the petitioners - accused may involve themselves in such other offence, since they are prosecuting for the offences under Unlawful Activities (Prevention) Act, 1967. Such apprehension is unfounded, in the event, the Prison Authority come to conclusion that if there is chance that the petitioners - accused are likely to involve in such similar offences, it is open for the Prison Authority to move an application before the Trial Court for shifting them to some other prisons. 7. Accordingly, the petition is allowed. The impugned order dated 31.1.2023 in SC No.1347/2016 c/w Sc No.381/2015 passed by the learned XLIX Addl. City - 6 - NC: 2025:KHC:12600 WP No. 2253 of 2025 Civil and Sessions Judge, (Special Judge and trial of NIA Cases), CCH-50, Bengaluru, is hereby set aside. 8. The petitioners to be shifted to the Central Prison, Bengaluru without any further delay. 9. In the event, the petitioners involve in the similar offences, the Chief Superintendent, Central Prison, Bengaluru to move an appropriate application before the Trial court for shifting to some other prison. Sd/- (HEMANT CHANDANGOUDAR) JUDGE BKM List No.: 2 Sl No.: 99