Bengaluru, Sep 2 (PTI) The Karnataka High Court on Tuesday posted the matter related to shifting Kannada actor Darshan from Bengaluru Central Jail to Ballari Central Jail on September 3.
Special Public Prosecutor (SPP) Prasanna Kumar pressed for Darshan’s transfer to Ballari, where he was earlier kept before being released on bail.
However, Darshan’s counsel Sandesh Chauta strongly opposed the move, arguing that the shift would seriously hamper trial proceedings.
"There are 272 witnesses in this case, and the Supreme Court has already directed a speedy trial. It is not feasible for an accused and his lawyers to participate meaningfully if hearings are held only through video conferencing. Regular travel between Ballari and Bengaluru—over 300 km apart—is simply impractical during the trial," Chauta contended.
On the issue of Darshan’s earlier transfer following a leaked photo of him smoking in prison, his lawyers maintained that smoking is not a punishable offence under the prison manual.
"The rules allow smoking in designated zones, but when we asked, officials admitted that Parappana Agrahara has no smoking zone. Therefore, citing this as a reason to shift him is unjustified," Chauta argued.
The defense also sought basic facilities for Darshan, including a bed, bedsheet, and pillow.
"We are asking only for what undertrial prisoners are entitled to under law. If these cannot be given, the jail authorities must clarify the legal basis for denial," the lawyers submitted.
Responding to these arguments, SPP Prasanna Kumar said the request for special facilities was filed within two days of Darshan’s entry into prison and cited the Karnataka Prisoners Act.
"But this Act applies only to convicts, not undertrial prisoners. While an undertrial may obtain a bed and pillow at personal cost, the final decision rests with the Inspector General of Prisons," he said.
The SPP further contended that video conferencing is legally valid and sufficient.
"There is no necessity to bring him to court everyday simply because he is in Bengaluru. Technology provides for remote participation under the law. If the defense claims smoking is permitted under prison rules, the same rules also empower us to shift him elsewhere," he argued. PTI COR GMS GMS KH