This criminal petition is filed by the accused No. 3 under

Section 438 of the Code of Criminal Procedure, 1973 (hereinafter

referred to as the 8Cr.P.C.9 for short) for granting anticipatory bail in

Crime No.56/2021 registered by Gokak Rural Police for the offence

punishable under Sections 409, 420, 465, 468 and 471 of Indian

Penal Code, 1860 (hereinafter referred to as the 8IPC9, for short).

2.

Heard the arguments of the learned counsel for

petitioner and learned High Court Government Pleader for

respondent.

3.

The case of the prosecution is that one Chandrashekhar

Channappa Konnur, Chairman of Primary Agricultural Credit

Society, Ltd., Mamadapur (hereinafter referred to as 8society9 for

short) filed a complaint on 02.04.2021 alleging that the petitioner

Girigoudappa @ Girigouda Shivanagouda Patil was the Secretary of

the society from 01.09.1996. Subsequently there was allegations

on the petitioner that he was misusing the position and

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misappropriating the funds of the society and maintaining secrecy

in the society work. Therefore, a complaint also came to be

registered before the Registrar of Cooperative Societies and

appointed an auditor for conducting audit of the accounts.

Accordingly, Gadadi and Associates, Chartered Accountant audited

the accounts for the year 2019-2020 and they issued the interim

audit report stating that the petitioner has misappropriated a cash

of Rs.41,31,883.17 and in the selling of manure, there was a

difference of accounts about Rs.21,93,014/-. Totally they found

Rs.69,56,104.70 has been misappropriated by the petitioner.

Therefore, the complaint came to be lodged and he was thrown out

from the post of Secretary by a resolution. After registering the

case the Police are making hectic efforts to apprehend the

petitioner. The petitioner has approached the Sessions Court,

which came to be rejected. Hence, he is before this Court.

4.

The learned counsel for the petitioner has seriously

contended that the petitioner is innocent of the alleged offences and

he has been falsely implicated in this case. There was a delay of

more than two years in lodging the complaint even though the

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alleged incident took place in the year 2018-2019, the complaint

came to be filed in the year 2021. The offence is not punishable

with death or imprisonment of life and the petitioner is ready to

abide by any conditions. Hence, he prayed for grant of bail.

5.

Per contra, the learned High Court Government Pleader

seriously objected the petition and contended that the petitioner

was working as Secretary of the society for quite long time and for

more than 20 to 25 years and he has misappropriated more than

Rs.69,00,000/- from the Society which is the public money. The

audit report reveals the misappropriation by the petitioner.

Therefore, he is required for custodial interrogation and to know

whether he has given money to some other person or invested the

same in other business. Hence, she prayed for dismissal of the

petition.

6.

Having heard the arguments of both the learned

counsels and perused the materials on record.

7.

On perusal of the records, it reveals that in the year

2019 itself the petitioner has been removed from Secretary ship of

the society and complaint also made before the Registrar of the Co-

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operative Societies and one Chartered Accountant was appointed

from Gokak for verifying the accounts. Accordingly, the auditor

audited the accounts of the Society and he was found in respect of

accounts up to the year 2019-2020, Rs.69,56,104.70 has been

misappropriated by the petitioner. Of course, there was some delay

in lodging the complaint but the fact remains the society funds has

been misappropriated by the petitioner. The delay itself is not a

ground for granting anticipatory bail to the petitioner. Since there

is

allegation

of

misappropriation

of

huge

amount

totaling

Rs.69,56,104.70 against the petitioner, the possibility of tempering

the documents, destroying the evidence and tampering of witn