GURURAJ L. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the learned counsel appearing for the petitioner, the learned HCGP appearing for the State and the learned counsel appearing for respondent No.2.

(2.) The factual matrix of the case of the prosecution against the petitioner is that he had indulged in committing sexual offence against the minor girl and POCSO offences are invoked against this petitioner. The Trial Court earlier enlarged this petitioner on bail and the same was challenged before this Court and this Court having reassessed the material on record, vide order dtd. 14/1/2022 cancelled the bail granted in favour of this petitioner in Crl.P.No.7143/2021 and the said order was challenged before the Apex Court In a Special Leave to Appeal (Crl) No.719/2022 and the Apex Court vide order dtd. 8/2/2022 dismissed the said SLP with liberty to move the application for bail after the examination of prosecutrix. Now the prosecutrix and the mother of the victim have been examined before the Trial Court and hence, the petitioner is before this Court.

(3.) The counsel for the petitioner brought to notice of this Court to the complaint which has been marked as document No.2 as well as to the 164 statements of the victim and the mother and also the depositions of PW1 and PW2. The counsel referring the depositions of PW1 and PW2 would vehemently contend that the same are completely inconsistent with the statements recorded under Sec. 164 of Cr.P.C. and the complaint. When there are contradictions in the evidence, though this Court cannot usurp the jurisdiction of the Trial Court in appreciating the evidence when major contradictions are found in the evidence, this Court has to take note of the said fact into consideration. The counsel also would vehemently contend that the petitioner was working as a Lecturer and due to cancellation of bail of this petitioner, he is in custody from last one and a half years and he has already been suspended from the job and no chances of committing similar offences and hence, this Court may enlarge the petitioner on bail.