B KRISHNA BHAT Vs. SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) All these cases which are closely interlinked, heard together, can be conveniently disposed of by a common order and, therefore, I propose to dispose of them by a common order.

(2.) Some time in 1969, an Association called as Karnataka Young Writers and Artist's Association (hereinafter referred to as 'the Association' registered under the provisions of the Karnataka Societies Registration Act of 1960 (Karnataka, Act No. 11 of 1960) and a Co-operative Society called as the Writers' and Artists' House Building Co-operative Society Limited (here, after referred to as 'the Society) registered under the provisions of the Karnataka Co-operative Societies Act of 1959 (hereinafter referred to as 'the Act') were formed, inter alia ,with the object of acquiring lands, forming sites and distributing the sites to the members of the Society. The Society has on its rolls about 2,000 members, one of them being one Sri S.Sitaram is respondent No. 3 in Writ Petition No. 1781 of 1979. Sriyuths: B. Krishna Bhat and R. Rangarao, who are the petitioners in Writ Petns. Nos. 1781 and 3139/1979 respectively were the Secretary and, the Joint Secretary of the Association and Society respectively at the material time.

(3.) On 1-12-1975 Sri Sitaram lodged a complaint before the Inspector of Police, Basavanagudi, inter alia, stating that Sri Krishna Bhat had played fraud on the members and has cheated them. He also alleged that Sri Krishna Bhat had fabricated the accounts of the Association and the Society and had misappropriated their funds. On these allegations Sri Sitaram requested the said Inspector to initiate proceedings against Sri Krishna Bhat under the Criminal law of the country. On receipt of that complaint, the Inspector of Police, registered a case in Crime No. 309 of 1975 under Ss. 406, 409 and 420 of the 1. P. C. against Sri Krishna Bhat and started his investigation which was later transferred to a specialised investigation agency called the Corps of Detective (Fraud Branch) (hereinafter referred as to 'COD') whose Supdt. and Inspector that are in-charge of that crime have, therefore, been impleaded as respondents 1 and 2 in these cases. In the course of their investigation, the Inspector of Police, Basavanagudi as also respondents 1 and 2 have virtually seized all the documents of the Association and the Society which were under the management of the Government for some time.