The Karnataka High Court said that home-cooked food for sub-trials can be given only on medical advice on medical grounds and not on mere request, while setting aside a trial court’s order to allow home-cooked food once a week to actor Darshan, his friend Pavithra Gowda and other accused persons in the Renukaswamy murder case.
“Home food for undertrial prisoners is not prohibited. But it can be granted only in accordance with the prison rules and procedures mentioned above. The provision of home food must be preceded by medical advice. Permission cannot be granted only on request or as an indulgence,” the court said.
Justice M. Nagaprasanna passed the order while allowing a petition filed by the jail superintendent challenging the legality of two separate orders passed by the 56th Additional City Civil and Sessions Court on December 29, 2025 and January 12.
“It would create chaos”
The trial court’s order is legally unsustainable as it mandated the provision of home-cooked meals without prior medical examination or referral, the high court said, pointing out that granting such concessions indiscriminately to some inmates would create chaos in the prison administration as other inmates would be entitled to similar treatment.
On December 29, the Trial Court allowed home food to Pavithra Gowda (accused no. 1), Nagaraja R. (accused no. 11) and Lakshman M. (accused no. 12) only on the oral pleas of their counsels that they were not provided with any proper food in the jail without making any application in this regard as per procedure.
When the Superintendent sought clarification of this order citing the provisions of the Jail Rules and the Supreme Court’s direction not to give special treatment to these accused persons, the trial court not only warned the Superintendent of the consequences of not providing home-cooked food despite his instructions, but directed the officer to provide home-cooked food to all the accused persons in the Renukaswamy murder case.
Meanwhile, the High Court reserved liberty to the accused to seek home-cooked food if advised on health grounds within the meaning of jail rules, in view of the apex court’s warning against giving special or five-star treatment to Darshan and other accused in jail.
Food quality
As defense counsel Pavithra questioned the quality of food provided in the jail by pointing out that jail authorities spend only ₹85 per day to provide four meals to one inmate, the court said the argument raised legitimate questions about the nutritional sufficiency of the food provided to the inmates.
While the court noted that “the protection of human dignity does not end at the prison gates and prisoners, although deprived of their liberty, are entitled to the basic necessities of life in accordance with the law”, it ordered the digital publication of the prison’s menu in conspicuous places to protect the rights of prisoners and ensure transparency.
The court also ordered the prison authorities to put in place a complaint mechanism, if not already in place, to allow prisoners to report deficiencies in the quality of food, while ordering that a doctor or a designated dietician conduct periodic inspections of the food prepared for prisoners and record their confirmation regarding its quality.
Published – 04 March 2026 20:08 IST
