Karnataka High Court Refuses To Quash POCSO Case Against Former CM Yediyurappa, But His Appearance During Trial May Be Exempted

The Karnataka High Court has refused to quash the POCSO case lodged against former Chief Minister BS Yediyurappa.Justice M I Arun thus upheld the trial court order dated February 28— taking cognizance of the alleged offence and issuing summons to the former MP.The single judge however asked the trial court not to insist upon the BJP leader's appearance, unless it is necessary during the course of the trial. It ordered that the trail court "will entertain the exemption application filed on behalf of A-1, unless his presence is essential."BSY also has the liberty to seek discharge from the trial court, the HC clarified.It is significant to note that by its order dated February 07, the high court had set aside the trial order taking cognizance of offences and had remitted the matter back to the trial court, saying that the probe and final report remains intact.On February 28, the Special Court passed the second cognizance order. This order was also stayed by the high court.As per the complaint lodged by victim's mother, Yediyurappa sexually assaulted her then 17-year-old daughter during a meeting in February last year, at his residence in Bengaluru. On March 14, 2024, the Sadashivanagar police had registered the case. Later, it was transferred to CID for further investigation which re-registered the FIR and filed a chargesheet.Senior Advocate CV Nagesh had appeared for Yediyurappa and argued that the earlier cognizance order was quashed by the High Court on finding that there was no application of mind by the Special Court. Raising doubts about the complaint, Nagesh submitted, "On 2-02-2024, the offence is said to have been committed at 11.30 am. They met the Commissioner of police on the same day. If something had happened on that morning, they would have opened their mouth before the Commissioner of Police.""On 05-02-2024 they again visited me and took pictures with me. Again they met the Commissioner of Police and they did not whisper anything. Even on Feb 20, they met the CP but they did not open their lips. First time when certain political turmoil was happening in the state, on March 14, they lodged a complaint against me," Nagesh added.Nagesh had submitted that the witnesses who were stated to be present at Yediyurappa's residence on the date of the offence, had given statements that nothing had happened. He argued that the Special Court passed the order in a mechanical manner.Special Public Prosecutor Professor Ravivarma Kumar contended that the special court had, based on the evidence supplied by the prosecution and considering the statement of the victim, applied its mind while taking cognizance of the offence.Case Title: BS Yediyurappa AND The Criminal Investigating DepartmentCase No: WP 7447/2025 c/w WP 7322/2025Citation No: 2025 LiveLaw (Kar) 381Appearance: Senior Advocate C V Nagesh for Advocate Sandeep S Patil for Petitioner. Special Public Prosecutor Professor Ravivarma Kumar a/w Additional Special Public Prosecutor Ashok Naik for Respondent.Click Here To Read/Download The Order

Karnataka High Court Refuses To Quash POCSO Case Against Former CM Yediyurappa, But His Appearance During Trial May Be Exempted

Mustafa Plumber

Tags