Karnataka High Court Stays Trial Court's Fresh Summons To Ex-CM BS Yediyurappa In POCSO Case

The Karnataka High Court on Friday stayed the order of cognizance and summons issued by a Bengaluru Court to former Chief Minister BS Yediyurappa and three other accused directing their presence before the Trial Court on March 15, in connection with a case registered under the POCSO Act.Justice Pradeep Singh Yerur passed the interim order while hearing a petition filed by Yediyurappa challenging the fresh cognizance taken by the trial court. The Bench observed that a detailed hearing was necessary and granted the interim relief. Notice has ben issued to the complainant.“There shall be a stay on the order of taking cognizance and issuance of summons by the trial court. It is made clear that accused no 1 to 4 are personally exempted from appearance before the trial court, till the next date of hearing," the Bench ordered.Earlier, the High Court had quashed the previous order of the Special Court which took cognizance of the case. The High Court had then directed the Special Court to pass an order afresh. On February 28, the Special Court passed the second cognizance order, which has been stayed now.As per the complaint filed by the mother (complainant) of a 17-year-old girl, Yediyurappa sexually assaulted her 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 appeared for Yediyurappa. Advocate General Shashi Kiran Shetty appeared for the State.Nagesh pointed out 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 CP.""On 05-02-2024 they again visited me and took pictures with me. Again they met the CP 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 state, on March 14, they lodged a complaint against me," Nagesh added.Nagesh submitted that the witnesses, who were said to be present at Yediyurappa's residence on the date of the offence, have given statements that nothing has happened. He argued that the Special Court passed the order in a mechanical manner.The Advocate General opposed the petition,saying “This is not a matter for grant of interim order. Ld trial judge has considered the order of this court and has prima facie come to a conclusion that a case is made out and process is issued. Therefore, there is sufficient material to proceed further. The question of granting stay would be detrimental to the prosecution case.”Case Title: BS Yediyurappa vs State of Karnataka Case No: WP 7447/2025 c/w WP 7322/2025

Karnataka High Court Stays Trial Court's Fresh Summons To Ex-CM BS Yediyurappa In POCSO Case

Mustafa Plumber

Tags