R L JALAPPA Vs. DELHI POLICE ESTABLISHMENT

JUDGEMENT

(1.) In this petition under Section 438 Cr.P.C., petitioner has sought to admit him to anticipatory bail in Crime No.RC. 2/87/SIU/II/SIC/CBI registered for an offences under Sections 302 and 201 of I.P.C. in connection with the alleged murder of an Advocate by name Abdul Rasheed of Kerala State.

(2.) The circumstances under which petition is filed for grant of anticipatory bail run thus:- Sriyuths P. Sadashivan, Mariyappa, K.R. Srinivasan, Chairman and Smt. Sadamba Rao were the Trustees of an Educational Society known as 'Javahar Bharati Education Trust' in Bangalore, of which, Sri P. Sadashivan was the founder-trustee. By obtaining sanction of the Government of Kar- nataka, Trust started a B.Ed College, known as 'Sanjay Gandhi College of Education' in Bangalore. Smt. Rathna was its Principal. Owing to some differences, Sriyuths Mariyappa and K.R. Srinivasan have fallen out and it appears there are constant bickerings amongst them.

(3.) Sri P. Sadashivan established another Trust by name 'Visveswaraiah Trust' with the prime object of establishing a Medical College at Kolar. It appears, the Council of Ministers decided to grant permission to start the Medical College to the said Trust at Kolar. Sri C. Perumal, the then Chief Whip of the Party, and two others were its Trustees; on the day of Gandhi Jayanti there was an inauguration of a Medical College by name 'Mahatma Gandhi Medical College' Kolar, with the blessings of the Chief Minister, Sri Ramakrishna Hegde; the Council of Ministers in its emergency meeting held on 7.10.1985 decided to substitute the name of 'Devaraj Urs Trust' for 'Visveswaraiah Trust' at the instance of the petitioner, one of the Council of Ministers. It was alleged that the Assistant Commissioner, Kolar, confiscated about 23 acres of land purchased by Visveswaraiah Trust for the purpose of establishing the Medical College, and the validity of said order is pending adjudication in a writ petition before this Court.