Bengaluru: The Karnataka High Court on Friday set aside the trial court order taking cognizance of offences alleged against former Chief Minister BS Yediyurappa in a case registered under the Protection of Children from Sexual Offences (POCSO) Act.
However, the court remitted the matter back to the trial court while maintaining that the investigation and final report remain intact.
Justice M Nagaprasanna, while delivering the verdict, stated, "Petition is allowed in part. Order of taking cognizance stands obliterated. The crime, investigation, and final report remain intact. The matter is remitted back to the trial court. All contentions remain open."
The court further clarified that Yediyurappa is at liberty to avail of legal remedies at the appropriate stage before the competent forum. Additionally, the court granted him anticipatory bail.
The case was based on a complaint filed by the mother of a 17-year-old girl, who alleged that Yediyurappa had sexually assaulted her daughter during a meeting in February 2023 at his residence in Bengaluru. The Sadashivanagar police registered the case on March 14, 2024, and later transferred it to the CID for further investigation. The CID re-registered the FIR and subsequently filed a chargesheet against the former CM.
The high court had reserved its judgment on January 17 after hearing extensive arguments from both sides.
Senior Advocate CV Nagesh, appearing for Yediyurappa, contended that the presumption under Sections 29 and 30 of the POCSO Act applies only at the trial stage. He further questioned the delay of one and a half months in filing the FIR, asserting that the complainant’s conduct required scrutiny.
Nagesh also argued that the prosecution’s reliance on presumption was premature at this stage and that Yediyurappa was not given an opportunity under Section 41A of the CrPC before proceeding against him.
On the other hand, Special Public Prosecutor Prof. Ravivarma Kumar contended that under Section 29 of the POCSO Act, the accused is presumed guilty unless proven otherwise. He highlighted forensic evidence, including an FSL report certifying the authenticity of mobile recordings that allegedly captured conversations between the complainant and the accused.
During the proceedings, the court remarked that the complainant and her daughter had visited Yediyurappa’s residence again on February 5, 2024, raising questions about the sequence of events. It noted that evidence gathered by the investigating officer must be thoroughly tested in court.
In response, Nagesh argued that the complainant's repeated visits to the accused’s house contradicted her allegations. He further claimed that their visit was intended to seek assistance in an unrelated case and to take photographs with the former CM.
While setting aside the trial court’s cognizance order, the high court reiterated that the charges and investigation remain in force. Yediyurappa's plea for anticipatory bail was granted, allowing him to avoid immediate arrest.
The case now returns to the trial court, where all parties will have the opportunity to present their arguments afresh.
