THAJUDDIN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioner, who is an under trial prisoner is before this Court under Articles 226 and 227 of the Constitution of India read with Sec. 482 of Cr.P.C. seeking for the following reliefs:-

(2.) Petitioner is facing trial before the Court of XLIX Additional City Civil and Session Judge (Special Judge for Trial of NIA cases), Bengaluru in S.C.No.1478/2010 for the offences punishable under Ss. 121, 121A, 120B, 123, 201, 212, 326, 302, 435, 307, 435 of IPC, Ss. 10, 11, 13, 16, 18, 19 and 20 of Unlawful Activities (Prevention) Act, 1967, Ss. 3, 4, 5 and 6 of the Explosive Substances Act, 1908, Ss. 4 and 5 of Destruction of Public Properties Act. He had filed a Memo before the Trial Court seeking permission of the Court to attend the marriage of his daughter Ms. Amina which is scheduled to be held from 30/4/2024 at Municipal Town Hall North Paravoor, Ernakulam, Kerala. The said application was opposed by the prosecution by filing objections. The Trial Court has allowed the said application vide order dtd. 5/4/2024 imposing certain conditions. While imposing conditions, the trial Court has observed that the petitioner is permitted to attend the marriage of his daughter with proper escort at his own cost subject to availability of police escort. Being aggrieved by this condition, the petitioner is before this Court.

(3.) Learned counsel for the petitioner having reiterated the grounds urged in the petition submits that as per Rule 191 (3) (g) of the Karnataka Prisons Rules, 1974, the petitioner is only required to meet the expenses of to and fro journey. However, demand is being raised to meet the expenses of the entire escort team and also to pay their salary. He submits that petitioner is in custody for the last 15 years and financial condition of his family is not good and therefore, it is not possible for him to meet the demand that is being raised by the State. He submits that on the earlier two occasions of his travel under parole, demand was raised for payment of Rs.2.00 lakhs and above and therefore, this writ petition is filed.