A prisoner sentenced to death is not under sentence until the judgment is final; solitary confinement conditions must adhere to constitutional rights, allowing normal interaction unless justified otherwise.

ORDER :

C.M. POONACHA, J.

I.A.No.3/2025 is filed under Section 482 of the Code of Criminal Procedure, 1973, [Hereinafter referred to as the ‘Cr.P.C.’] r/w Section 528 of the Bharatiya Nagarik Suraksha Sanhita Act, 2023, [Hereinafter referred to as the ‘ BNSS Act’], seeking for a direction to the Jail Authorities to release the appellants from solitary confinement, pursuant to the order of conviction and sentence passed vide judgment dated 27.01.2025 passed in S.C.No.21/2020 by the Principal District and Sessions Judge, Gadag, [Hereinafter referred to as the ‘Sessions Court’]

2. The appellants were arrayed as accused Nos.1 to 3 in S.C.No.21/2020 and charge sheet was filed for the offences punishable under Sections 427 , 449, 302, 506(2), 109 r/w Section 34 of the INDIAN PENAL CODE , [Hereinafter referred to as the ‘IPC’]. Vide judgment dated 27.01.2025, passed in S.C.No.21/2020 by the Sessions Court, the accused Nos.1 to 3 as well as the accused No.4 were convicted for the offences punishable under Sections 427 , 449, 302, 506(2), 109 r/w Section 34 of the IPC. The appellants/accused Nos.1 to 3 were sentenced to capital punishment for the offence punishable under Section 302 of IPC. The accused No.4 was also sentenced to Capital Punishment for the offence punishable under Section 109 r/w Section 34 of the IPC.

3. Being aggrieved, the accused Nos.1 to 3 have preferred the above appeal. In the said appeal, I.A.No.3/2025 is filed as noticed above.

4. It is averred in the application that the accused Nos.1 to 3 are kept in a separate room and are not permitted to interact or mix with other prisoners. That, they are also not allowed to speak with other prisoners, and food is provided to them within the said room itself. That, if the accused intended to go to the library for reading books, they are required to inform the Jail Authorities, to take them to the library. They are permitted only 10 minutes to select books, after which, they must return to the room where they are confined. It is further averred that the room measures 10 feet by 10 feet and is attached with a lavatory/toilet. However, there is no running water or tap inside the room, and water has to be brought from outside.

5. It is the contention of the appellants that they were treated as under trial prisoners during the trial and pursuant to the judgment dated 27.01.2025, wherein, they were convicted and the order of sentence was passed on 29.01.2025, they have been kept in a separate room, which is solitary confinement. It is further averred that solitary confinement is a violation of the fundamental rights guaranteed under Article 21 of the Constitution of India. Hence, necessary reliefs are sought vide the said application.

6. Objections have been filed by the learned Additional SPP to I.ANo.3/2025, wherein, it is placed on record that pursuant to the order of sentence, in accordance with Rule 767 of the Karnataka Prisons and Correctional Services Manual, 2021, [Hereinafter referred to as the ‘Manual, 2021’], since the appellants have been sentenced to death, they have been kept in a separate cell in accordance with the said Manual. Reports dated 11.08.2025 and 12.08.2025 of the Superintendent Central Prison, Dharwad, have also been placed on record, wherein, it is stated that the appellants being sentenced to Capital Punishment are kept in a high security cell along with other accused persons and the same is not solitary confinement. It is further contended that the said prison has 5 cells on the northern side and 8 cells on the southern side. That