- 1 - HC-KAR NC: 2025:KHC:20166 WP No. 14082 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 14082 OF 2025 (GM-RES) BETWEEN: S SYED SULAIMAN S/O SHAIK MERAN UTP 26/18 AGED ABOUT 35 YEARS R/O 19A, MOTHUSWAMY COLONY SELVAPURAM, COIMBAOTE NORTH PO SELVAPURAM DISTRICT COIMBATORE TAMIL NADU - 641 026. …PETITIONER (BY SRI. SIRAJUDDIN AHMED, ADVOCATE) AND: 1. STATE OF KARNATAKA HOME DEPARTMENT THROUGH PRINCIPAL SECRETARY VIDHANA SOUDHA REP BY SPP HIGH COURT BUILDINGS BENGALURU - 560 001. 2. DIRECTOR GENERAL OF PRISONS AND CORRECTIONAL SERVICES STATE OF KARNATAKA SHESHADRI ROAD – 560 009. 3. CHIEF SUPERINTENDENT CENTRAL PRISON BANGALORE - 560 100. 4. CHIEF SUPERINTENDENT CENTRAL PRISON KALBURGI - 585 308. …RESPONDENTS (BY SRI. JAGADEESH B.N., ADDL.SPP) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA R/W 528 OF BNSS PRAYING TO SET ASIDE / Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:20166 WP No. 14082 of 2025 QUASH ANNX-C ORDER DTD. 03.05.2025 PASSED IN SC NO. 381/2015 PENDING IN THE COURT OF XLIX ADDITIONAL CITY CIVIL AND SESSION JUDGE, AT BANGALORE (CCH-50). THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER This petition by accused No.11 in S.C.No.381/2015 is directed against the impugned order dated 03.05.2025, in so far as it relates to directing the petitioner to be transferred from the Central Prison, Bengaluru to the Central Prison, Kalaburagi. 2. Heard learned counsel for the petitioner and learned Additional State Public Prosecutor for the respondents and perused the material on record. 3. A perusal of the material on record will indicate that the petitioner is an under trial prisoner in S.C.No.381/2015 pending before the Trial Court. The petitioner filed an application under Sections 30, 31 and 32 of the Karnataka Prisons Act, 1963, for directions to respondent Nos.2 and 3 to provide facilities to the petitioner as per jail manual including clothing, writing materials, bedding, newspapers and other necessities and permit him to - 3 - HC-KAR NC: 2025:KHC:20166 WP No. 14082 of 2025 receive such essential items from private sources, subject to inspection and approval by the Inspector General or in accordance with prison regulations. The said application was allowed by the Trial Court vide impugned order dated 03.05.2025. The petitioner is aggrieved by the further direction issued by the Trial Court directing him to transfer from the Central Prison, Bengaluru to Central Prison, Kalaburagi. It is submitted that in the absence of any application from the petitioner for transfer from Bengaluru to Kalaburagi, it is impermissible to direct such a transfer and as such, the petitioner is before this Court by way of the present petition. 4. As rightly contended by the learned counsel for the petitioner, the limited scope of the application filed by the petitioner was for a direction to provide him facilities as stated supra and consequently, in the absence of any request for transfer being made by the petitioner to the Jail Authorities / Police Authorities, it is impermissible for the Trial Court to direct transfer from the Central Prison, Bengaluru to the Central Prison, Kalaburagi and consequently, the said direction of transfer of the petitioner from the Central Prison, Bengaluru, to the Central Prison, Kalaburagi - 4 - HC-KAR NC: 2025:KHC:20166 WP No. 14082 of 2025 deserves to be set aside and the petitioner be re-transferred from the Central Prison, Kalaburagi to the Central Prison, Bengaluru. 5. In the result, I pass the following: ORDER i) The petition is allowed. ii) The impugned order dated 03.05.2025 passed by the Trial Court, insofar as it relates to directing transfer of petitioner from the Central Prison, Bengaluru to the Central Prison, Kalaburagi, is hereby set aside. iii) The concerned Jail Authorities are directed to re- transfer the petitioner from the Central Prison, Kalaburagi to the Central Prison, Bengaluru, within a period of one week from today. iv) Registry is directed to communicate this order to the concerned Jail Authorities via E-mail, forthwith. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC List No.: 1 Sl No.: 15