( 1 ) THESE three petitions are disposed of together by a Commpn order as, they are directed agaist a common committal order made under S. 207a, crpc by the Judicial Magistrate, I Class (I Court), Bangalore City in CC no. 5201 of 1969 on his file. They have been preferred by the 1st, 5th and the 2nd accused respectively.

( 2 ) THE petitioners were charge sheeted by Delhi Spl. Police Establishment for offences under Ss. 120b 409, 420, 477a read with Ss. 109 and 34 IPC. The facts of the case are In the year 1953 an educational institution by name Chandrashekhar Education Society was established in Yadgir gulbarga Disk and in the name of the Society a College off Arts and Science by name Shankar College was started. This institution was originally managed by a governing body of which A1, A. Konappa alias Nadagouds was the vice chairman and the college was then affiliated to Osmania University and after reorganisation of States the society was registered in mysore State and the College was affiliated to Karnataka University. 'a1 became the chairman of the society and continued to be so till the filing of the charge sheet. In 1057, A3 Rangaswamy was the principal and sometime later A2 Ramalingaiah was appointed as principal and he continued to be so till August, 1962. Again the 3rd accuse4 Rangaswamy succeeded him as principal till the final closure of the college. A4 Bendi was a clerk-cum-accountant in the said college. At the inception the Shankar College was was a Junior College and the Society had no proper building and equipment for running the college. In about a year 1958 the Registrar of Karnatak university Dharwar recommended for the grant of Rs. 32,500 against an estimated grant of Rs. 48,000 to the Ministry of Education. Govt. of India, on the application by Shankar College, Yadgir, for the construction of a recreation hall-cum-auditorium in the premises of the college. In 1959, the University Grants Commission approved the grant of Rs. 32,500. The govt. of India released the first and the second instalments of Rs. 10,500 each in the month of March, 1960 and August 1960 respectively. The conditions of the grant are embodied in Ext. P24 a letter dt. 16-1-1959 from the university Grants Commission to the Registrar, Karnataka University, dharwar. The College authorities failed to abide by the terms and conditions in respect of the above grant and they also failed to construct the recreation hall-cum-auditorium in the premises of the College As Shankar college was a junior College and the University Grants Commission under its scheme of grants for development of such institutions considered an application by the said institution through the 'karnataka University, Dharwar for a central grant for introduction of three years degree course and approved a total non recurring expenditure for the introduction of three years degree course as noted under : (1) University Grants Commission Share. . Rs. 50,000 (2) State Government's Share. . Rs. 40,000 (3) College Management Share. . Rs. 40,000

( 3 ) THE Karnataka University released Rs, 1,20,000 from out of University grants Commission and the State Government's share to the college during the period from 16-5-1959 to 29-6-1962. The College submitted a statement of expenditure for Rs. 1,61,177-88 Ps. on ,15-1-1963. The certificate was signed by A3, C. V. Rangaswamy, who was the then principal of the college. The certificate -was countersigned by the Registrar of Karnatak university. The statement contained a certificate which stated inter alia that certified that the expenditure shown "in Column 6 was incurred on the approved lines for the implementation of the three years degree scheme". The expenditure statement reveals that the entire University Grants Commission share of Rs. 80,000 was released to the College, Since a valuation cerificate issued by the Executive Engineer in the year 1964 for Rs. 54,300 was not duly signed by him, it was sent back to the college authorities to obtai

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