ORDER :

The petitioners who are inmates in several prisons of the State have come together in the subject petition seeking a direction by issuance of a writ in the nature of mandamus to transfer the petitioners from different jails to Bangalore Central Prison accepting their representation dated 21-03-2023.

2. Heard Sri Mohammed Tahir, learned counsel appearing for the petitioners, Sri K.Shashikiran Shetty, learned Advocate General appearing for respondent Nos.1 and 2 and Sri P. Prasanna Kumar, Special Public Prosecutor appearing for respondent No.3.

3. The facts, in brief, germane are as follows:-

A crime in Crime No.63 of 2022 comes to be registered on the murder of one Praveen Nettur before the jurisdictional Police Station at Dakshina Kannada. The crime was initially registered against three persons. The crime was then transferred to the National Investigating Agency (‘the Agency’ for short), who then registered a fresh crime in R.C.No.36 of 2022-23 and several accused come to be arrested. On 10-01-2023, one of the accused by name Mohammed Jabir files an application before the concerned Court under Section 306 of the Cr.P.C. to become an approver and sought pardon. On 19-01-2023 the 1st respondent /State seeks transfer of accused persons, the petitioners to different jails on account of the fact that Mohammed Jabir, an accused had become an approver. The evidence of Mohammed Jabir was sought to be taken and Mohammed Jabir is said to have done a volte-face and records that he would not be an approver but he was forced to do so. In the light of the requisition of the State dated 18-01-2023 and pursuant to the order of the concerned Court dated 19.01.2023, all the petitioners along with accused Nos.1 and 2 were transferred to different jails on 11-02-2023. It is the averment in the petition that on 12-02-2023, when certain petitioners seek to enter Belagavi Jail on their transfer, accused Nos.1 and 2 are said to have been attacked. Information of assault was immediately sent and on 15.02.2023, accused Nos.1 and 2 filed an application to transfer them to Bangalore Jail citing security and requirement of their presence in Bangalore. The petitioners who are different accused in the same crime submit a representation on 21.03.2023, seeking their transfer to one solitary prison i.e., Bangalore Central prison. Non-consideration of their representation has driven the petitioners to this Court in the subject petition.

4. The learned counsel appearing for the petitioners would vehemently contend that the life of these petitioners is in danger. They will be attacked inside the prison as an attack has happened a year ago. Therefore, to save the life of the petitioners, this Court should direct the State to bring all of them – 18 in number to one solitary prison in Bangalore Central Prison and house them in different cells. He would submit that, that would give protection to the petitioners and also access to the defence counsel as and when required.

5. The learned Advocate General representing the State would vehemently refute the submissions to contend that the petitioners are alleged of conspiracy. The only intention of the petitioners to come to Bangalore and to be together is to hatch another conspiracy for illegal activities. There is no incident that has happened on the petitioners as alleged. The learned counsel for the petitioners is trying to build up a story with regard to registration of crime of assault in Belagavi Jail. It did not concern the petitioners at all. It was against some other person. Therefore, he would submit that it is dangerous to the Society, public and even to the inmates, if the petitioners come together and are housed in a solitary prison. The learned Advocate General would insist that public interest should also be kept in mind while granting any relief to the petitioners who are alleged of brutal murder.

6. In reply, the learned counsel for the petitioners would seek to lay a foundation that the defence of the