The main legal point established in the judgment is the court's discretion to grant anticipatory bail under Section 438 of Cr.P.C. based on the accused's willingness to comply with specific conditions to safeguard the interest of the prosecution.

JUDGMENT

K. Somashekar, J. - This petition is filed under Section 438 of Cr.P.C. by the petitioner who is accused in Crime No.341/2021 of Sindagi Police Station for the offences punishable under Sections 406, 409, 417, 420 of the Indian Penal Code, 1860. The police are making hectic efforts to arrest this petitioner/accused. Therefore, the petitioner has approached this Court seeking anticipatory bail in the event of his arrest, urging various grounds in the petition.

2. Heard the arguments of learned counsel Sri Gopalkrishna B. Yadav for the petitioner and the learned High Court Government Pleader for the State. Perused the material available on record.

3. It is contended by the counsel for the petitioner/accused that the accused is innocent person and he has not at all committed the alleged offences, despite of it crime came to be registered by the respondent-police mere because of audit report and also the complaint filed against this accused before the jurisdictional police.

4. The petitioner has nothing to do with the alleged incident as narrated in the audit report as well as in the complaint made by the concerned, stating that there was misappropriation of the amount to the tune of Rs.3,64,194/- for his personal use. However, the complainant came to know the same during the audit for the year 2019-2020 and there is no direct overt act attributed against this accused to commission of offence. The complainant - Society i.e., PKPS, Otihal have not sought for any explanation from the petitioner regarding the misappropriation of the amount as stated in the complaint as well as in the audit report. But the police are making hectic efforts to apprehend this accused without there being any reasons. The accused hails from the respectable family and also he is ready to abide any terms and conditions to be imposed by this Court while granting bail to him. On all these premise, the counsel for the accused seeks anticipatory bail as the accused is ready to abide the conditions to be imposed.

5. On the other hand, the learned High Court Government Pleader for the State contends that the Crime No.341/2021 is registered by the Sindagi Police Station based upon the audit report as well as the complaint report made by the complainant against this accused who committed the offences punishable under Sections 406, 409, 417, 420 of IPC and more so committed the misappropriation of amount to the tune of Rs.3,64,194/-. The accused who is absconding since from the date of committing the alleged offence and more so the case is under investigation and if the accused are supposed to be released by granting anticipatory bail, certainly he would come in the way of prosecution case and destroy the evidence. On all these premise, the learned High Court Government Pleader for State prays for rejecting the bail petition as accused do not deserve for bail.

6. Having regard to these contentions are concerned, it is necessary to state that criminal law was set into motion by registering the case in Crime No.341/2021 based upon the complaint report as well as the audit report. But the allegation made against this accused is that he has misused the fund of the complainant - Co-operative Society to the tune of Rs.3,64,194/- for his personal use and this fact came to the knowledge of the complainant during the audit period for the year 2019-2020. More so, the case is under investigation by the Investigating Officer and also it requires recording of statement of witnesses.

7. Whereas the counsel for the petitioner in this matter submits that the accused is ready to deposit the amount to the tune of Rs.3,64,194/- as the allegation made against him in the aforesaid crime and the said amount would be deposited before the PKPS Society. Learned counsel for the petitioner has filed a memo to this effect. The said memo and the submission is placed on record. However, there are substances in the contention of the counsel for the accused and more so the accused is deserving fo