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Judgment
G Basavaraja, J
The petitioner, who is an under trial prisoner is before this Court under Articles 226 and 227 of the Constitution of India, seeking following reliefs:-
"1. Defer the payment of escort charges as per the impugned order dated 04.12.2025 passed by the XLIX ADDL. CITY CIVIL AND SESSIONS JUDGE, (SPECIAL COURT FOR THE TRIAL OF NIA CASES), (CCH-50) AT BENGALURU in S.C. No. 381/2015 at Annexure A. wherein Petitioner is arrayed as Accused по 7, alternatively
Modify the order by following the ratio laid down in writ petition no.11894/2024 vide order dated 25/04/2025, at Annexure-G and wherein only cost (fuel charges) of escort vehicle as per the rule 191(3)(g) of Karnataka Prisons Rules 1974 was imposed in the interest of justice and equity.
Pass such other and further orders as this Hon'ble Court may deem fit in the interests of justice and equity."
The Learned counsel for the petitioner submits that, in similar circumstances, the Co-ordinate Bench of this Court has passed order in W.P. No. 11894/2024(GM-RES) dated 25.04.2024. Copy of the Order is also produced. The trial Court has passed the following order in S.C.No.381/2015 C/w S.C.No.1347/2016 dated 04.12.2025, which reads as under:
"The interim bail application filed by accused No.7, Mr. Valayil Hakeem @ Hakeem, under Section 439 (1) of Cr.P.C., is hereby rejected.
Accused No.7 is permitted to attend the Haldi ceremony of his daughter at Illahi Nagar, 1st Street, 40/A, 641008 on 28.12.2025 Karumbukadai, Coimbatore from 01.00 p.m. to 08.00 p.m., and to attend the Nikkah ceremony of his daughter Ms. Thasneem H.R., on 29.12.2025 between 10.00 a.m, to 04.00 p.m., at Ayisha Mahal (02), Palakkad Road, Kuniyamuthur, Coimbatore-8 with proper escort, excluding journey hours.
The interim bail application filed by accused No.7, Mr. Valayil Hakeem @ Hakeem, under Section 439 (1) of Cr.P.C., is hereby rejected.
Accused No.7 is permitted to attend the Haldi ceremony of his daughter at Illahi Nagar, 1st Street, 40/A, 641008 on 28.12.2025 Karumbukadai, Coimbatore from 01.00 p.m. to 08.00 p.m., and to attend the Nikkah ceremony of his daughter Ms. Thasneem H.R., on 29.12.2025 between 10.00 a.m, to 04.00 p.m., at Ayisha Mahal (02), Palakkad Road, Kuniyamuthur, Coimbatore-8 with proper escort, excluding journey hours.
Accused No.7 is directed to pay the escort charges in advance as estimated by the Jail Authorities.
The Chief Superintendent of Central Prison, Bengaluru is hereby directed to take accused No.7 to the venue of Haldi Ceremony on 28.12.2025 and permit him to attend the Haldi ceremony of his daughter from 01.00 p.m., to 08.00 p.m., and take accused No.7 to the venue of Nikkah Ceremony on 29.12.2025 and permit him to attend the Nikah ceremony of his daughter from 10.00 a.m., to 04.00 p.m., with proper escort, excluding journey hours.
The escort police are hereby directed not to wear uniform and not to handcuff accused No.7 at the venue of Haldi and Nikah ceremonies.
The escort police are hereby directed to keep accused No.7 in the local Police Station from 08.00 p.m., on 28.12.2025 till 09.00 a.m., on 29.12.2025.
Office is hereby directed to intimate the same to the concerned.
The learned counsel for the appellant seeks 90 days time to pay the Escort Charges.
Considering the submission of the counsel for the petitioner, I proceed to pass the following:
ORDER
(i) Writ petition is allowed.
(ii) The order passed by the trial Court in respect of payment of escort charges is deferred for a period of 90 days.
Registry is directed to intimate the same to the concerned Court as well as Jail Authorities through e-mail.
Hand delivery of the order is permitted.