KANTI VEERES HA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Accused No.1 has filed this petition under Sec. 438 of The Code of Criminal Procedure, 1973 (hereinafter referred to as the ' Cr.P.C .', for brevity) seeking anticipatory bail in Crime No.30/2022 of Hadagali Police Station registered for the offences punishable under Ss. 120B, 408, 409, 420, 465, 471, 477A read with Sec. 34 of the Indian Penal Code (hereinafter referred to as ' IPC ', for brevity).

(2.) The case of the prosecution is that, one Sri.V.B.Shivananda, resident of Nandihalli village, who has lost election against the petitioner, has made a complaint before the Executive officer, Taluka Panchayat, Hadagali and the Chief Executive Officer, Zilla Panchayat, Ballari, alleging that the petitioner in collusion with the PDOs has misappropriated the funds in respect of NAREGA Scheme and 14 t h financial project. On the basis of the said complaint, Internal Audit Committee was formed and the Committee, after inspection of documents, has submitted its report on 21/4/2020. The report stated that, the officials of the Gram Panchayat failed to submit complete bills pertaining to the work to the tune of Rs.16,77,561.00 and it was also observed that the PDOs of the Gram Panchayat have sought sometime to produce. The report specifically mentioned about the negligence of the PDOs of the Gram Panchayat. The Executive Officer, Taluk Panchayat, Hadagali, by his communication dtd. 29/4/2020 informed the same to the Chief Executive Officer, Zilla Panchayat, Ballari. The said Sri.V.B.Shivananda has submitted one more complaint before the Ombudsman-the Authority constituted under the NAREGA Scheme to look into the allegations and implementation of the project. A case was registered by Omdubsman and after holding enquiry, submitted a report on 27/11/2020 stating that the allegations is not proved and the work under the Scheme were carried out as per the Rules. The said Shivanand filed a private complaint before the Civil Judge and JMFC, Huvinahadagali in P.C. No.48/2002 contending that the petitioner, in collusion with accused No.2, has misappropriated the funds of the Gram Panchayat to the tune of Rs.1,45,93,437.00 and caused financial loss to the Government. He contended that though he has requested the Executive Officer, Taluk Panhayat, to initiate criminal case against the petitioner and accused No.2, since no steps are being taken, he has filed the private complaint. It is further contended that, he had sent the complaint to the Police Officials through RPAD on 12/11/2021 and no action is being taken. The learned Civil Judge and JMFC, Hadagali, has referred the said private complaint under Sec. 156(3) of Cr.P.C. to the jurisdictional police for the purpose of investigation. The said complaint came to be registered in Crime No.30/2022 by Hadagali Police for the offences under Ss. 34, 120B, 408, 409, 420, 465, 468, 471 and 477A of IPC. The petitioner, who is arrayed as accused No.1 in the said FIR, apprehending his arrest has filed Crl.Misc. No. 5430/2022 seeking anticipatory bail and the same came to be rejected by the learned III Additional District and Sessions Judge, Ballari (sitting at Hosapete) by order dtd. 14/7/2022. Therefore, the petitioner is before this Court seeking anticipatory bail.

(3.) Heard the arguments of the learned counsel appearing for the petitioner and the learned High Court Government Pleader for the respondent-State.