The Karnataka High Court on Friday stayed the trial court’s decision to take cognizance of the charges against former Karnataka Chief Minister B.S. Yediyurappa and three other accused in connection with a Pocso Act case. The High Court also stayed the summons issued to them, relieving them from personal appearances before the trial court.
On February 28, the special court had issued summons for Yediyurappa, 82, and three others to appear on March 15 in connection with the case. The court had also taken fresh cognizance of the charge sheet filed by the Karnataka Criminal Investigation Department (CID).
The case dates back to March 14 of last year when a complaint was filed by the mother of a 17-year-old girl, who alleged Yediyurappa of sexually assaulting her daughter during a meeting at his residence in Dollars Colony on February 2, 2023.
Justice Pradeep Singh Yerur, who passed the interim order, noted that the matter required further detailed hearings. He also exempted the accused from appearing before the trial court until the next hearing and issued a notice to the complainant.
The stay came after Yediyurappa challenged the trial court’s decision to take cognizance of the case.
Senior Advocate C.V. Nagesh, representing Yediyurappa, argued that the complaint was questionable, noting that the complainant and her daughter had met the Bengaluru Police Commissioner multiple times after the alleged incident without making any allegations. He also pointed out that key witnesses who were present at Yediyurappa’s residence during the alleged incident had confirmed that nothing untoward had occurred.
Nagesh further contended that the trial court had passed its order without thoroughly considering the facts of the case.
However, Advocate General Shashi Kiran Shetty, representing the state, opposed the petition, arguing that the trial court had found sufficient grounds to proceed with the case. He stated that staying the order would negatively affect the prosecution’s case.
The trial court’s decision to take fresh cognizance followed a February 7 order from the High Court, which had instructed the trial court to reconsider and pass appropriate orders on the CID’s final report in the case.
This order followed the partial allowance of Yediyurappa’s petition challenging the Pocso Act proceedings against him. The High Court had also granted anticipatory bail to Yediyurappa.
The CID filed a charge sheet in the case on June 27, 2023, before the Fast Track Court. The CID’s investigation alleges that Yediyurappa and the three other accused paid money to the victim and her mother in exchange for their silence.
Yediyurappa faces charges under Section 8 (punishment for sexual assault) of the Protection of Children from Sexual Offences (Pocso) Act, as well as Sections 354A (sexual harassment), 204 (destruction of evidence), and 214 (offering gifts to conceal the offender) of the Indian Penal Code (IPC).
The other three accused – Arun Y.M., Rudresh M., and G. Mariswamy, who are aides of Yediyurappa – face charges under IPC Sections 204 and 214.
The victim’s mother, who had filed the charge against Yediyurappa, passed away from lung cancer in May last year at a private hospital in Bengaluru.