HC grants interim relief to ex-Karnataka CM Yediyurappa in POCSO case, stays summons on personal appearance
The bench headed by Pradeep Singh Yerur passed the order on Friday while considering Yediyurappa's petition to quash the charge sheet filed against him. The court observed that a comprehensive investigation was needed in the case and, accordingly, stayed both the summons and the court's cognizance of the matter
Bengaluru: The Karnataka High Court has granted interim relief to former Chief Minister and BJP Central Parliamentary Committee member B.S. Yediyurappa in a Protection of Children from Sexual Offences (POCSO) Act case by staying the summons requiring his personal appearance before the First Fast Track Court on March 15.
The bench headed by Pradeep Singh Yerur passed the order on Friday while considering Yediyurappa’s petition to quash the charge sheet filed against him. The court observed that a comprehensive investigation was needed in the case and, accordingly, stayed both the summons and the court’s cognizance of the matter.
Senior counsel C.V. Nagesh, appearing for Yediyurappa, argued that the High Court had previously granted interim relief in the case. He further stated that the IT section in the FIR would apply to the complainant rather than Yediyurappa, as he had not deleted the conversation from the mobile phone belonging to the victim’s mother.
The charge sheet was filed based on the statements of the victim girl and her mother. However, witnesses present at the scene have stated that no such incident took place.
Counsel Nagesh also pointed out that the complaint was lodged with the Police Commissioner one month after the alleged incident. The case involves an allegation of inappropriate touching on February 2, 2024.
While the High Court had previously granted concessions for Yediyurappa regarding his appearance before the court, it had not granted an interim stay on the case.
Countering these arguments, Advocate General Shashikiran Shetty urged the court not to grant any relief to Yediyurappa. He emphasized that the earlier High Court order had merely exempted Yediyurappa from appearing in court and had not stayed the proceedings.
The First Fast Track court in Bengaluru on February 28 had issued summons to Yediyurappa in connection with the case, directing him to be present before it on March 15.
The court passed the order after considering the charge sheet submitted by the police in the case. Yediyurappa had so far got immunity from the High Court earlier over the summons. On February 7, the Karnataka High Court refused to quash charges against him in the case.
However, the Bench had granted anticipatory bail to Yediyurappa in the court, giving him immunity from arrest. The fresh summons by the FTC had raised concerns about legal action against him in the case.
The former Chief Minister has denied the charges, maintaining that the allegations were politically motivated and that he was prepared to face legal proceedings.
The Criminal Investigation Department (CID) investigating the case submitted a charge sheet on June 27, 2024, to a special fast-track court. As per the charge sheet, Yediyurappa, along with three other accused, was charged under the POCSO Act and sections of the IPC, including 354(A) (sexual harassment), 204 (destruction of documents or electronic records), and 214 (offering bribes to conceal an offence).
The charge sheet alleges that on February 2, 2024, the complainant visited Yediyurappa’s residence seeking help regarding a sexual assault on her 17-year-old daughter. It claims that Yediyurappa took the girl into a room, locked it, and sexually harassed her. The victim resisted and left the room.
Following this, Yediyurappa allegedly refused to assist them. The charge sheet further states that when the victim uploaded photos and videos of the incident on social media, Yediyurappa called them to his residence through intermediaries and gave them Rs 2 lakh in cash.
It alleges that he then had the media files deleted from social media and the phone gallery. The victim’s mother passed away on May 26, 2024, due to health complications in Bengaluru.
Yediyurappa has strongly refuted the allegations, stating, “A mother and daughter were found near my residence, appearing distressed. Out of compassion, I called them to inquire about their situation. I even called the Bengaluru Police Commissioner to help them. However, they began making accusations against me. Despite this, I gave them financial help. I will face these charges in court.”
