Karnataka HC refuses to quash POCSO case against BS Yediyurappa

In a major setback to former Karnataka Chief Minister BS Yediyurappa, the Karnataka High Court on Thursday, November 13 refused to quash the Protection of Children from Sexual Offences (POCSO) case against him, upholding the trial court’s order taking cognisance of the alleged offence and issuing summons to the veteran BJP leader.

Justice MI Arun, while rejecting the petition, however directed that the trial court should not insist on Yediyurappa’s personal appearance unless absolutely necessary during the proceedings.

The 81-year-old leader, who has served multiple terms as chief minister, is accused of sexually assaulting a 17-year-old girl at his residence in Bengaluru’s Sanjaynagar on February 2, 2024. According to the complaint lodged by the girl’s mother, who has since passed away, the assault occurred when she had gone to seek Yediyurappa’s help regarding a prior sexual assault case involving her daughter.

Following her complaint, the Sadashivanagar police registered an FIR on March 14, 2024. The case was later transferred to the CID, which re-registered the FIR and eventually filed a chargesheet against Yediyurappa.

This is the second time Yediyurappa has approached the High Court challenging the trial court’s cognisance of the case. Earlier this year, a bench led by Justice M Nagaprasanna had set aside the initial cognisance order on the grounds that it was issued “without application of mind,” and remanded the matter back to the lower court for reconsideration. After re-examining the material, the trial court once again took cognisance and issued summons, which Yediyurappa challenged in the present petition.

According to LiveLaw, senior advocate CV Nagesh, appearing for Yediyurappa, argued that the trial court’s second order also lacked judicial application of mind. He questioned the delay in the filing of the complaint, pointing out that the alleged offence took place on February 2, 2024 and yet the complainant met the city police commissioner multiple times in the following weeks without raising any allegations.

“If something had happened that morning, they would have opened their mouth before the Commissioner of Police,” he argued, adding that “they again met the Commissioner on February 20, but did not whisper anything.” Nagesh also cited witness statements to claim that nothing untoward had occurred at Yediyurappa’s residence on the day in question.

Special Public Prosecutor Professor Ravivarma Kumar, appearing for the prosecution, countered that the trial court had indeed applied its mind while taking cognisance of the offence, having considered the victim’s statement and supporting evidence.

The trial will now continue in the High Court.