The Karnataka High Court on Friday made a critical ruling concerning former Chief Minister and senior BJP leader BS Yediyurappa, refusing to quash the POCSO case levied against him but granting anticipatory bail. The case, which involves allegations of molesting a minor, has stirred significant political and public interest.
The allegations against Yediyurappa emerged from a complaint filed by a woman who accused him of molesting her 17-year-old daughter at his residence. The woman, who is now deceased, also alleged that Yediyurappa attempted to hush the matter by offering money. Following her complaint on March 14, 2024, an FIR was registered under Section 8 of the Protection of Children from Sexual Offences Act (POCSO) and Section 354(A) of the Indian Penal Code, addressing sexual harassment.
Despite efforts by Yediyurappa to dismiss the charges, Justice M Nagaprasanna ruled that the lower court’s July 4, 2024, order taking cognizance of the case was void. However, the judge clarified that the CID’s investigation and final report would remain unaffected and that the trial court must revisit the case, leaving room for all legal arguments to be reconsidered.
“The order of taking cognizance by the concerned court dated June 4, 2024, qua accused number 1 (Yediyurappa) stands obliterated. The crime, the investigation, and the final report all remain intact,” stated Justice Nagaprasanna. He further instructed that the matter be remitted back to the trial court to issue appropriate orders based on the CID report, taking into account the observations made during the current ruling.
This decision allows for procedural reassessment without dismissing the substance of the allegations, ensuring that all legal routes remain available for exploration during future hearings.
In his defense, Yediyurappa argued that the accuser and her daughter had approached him regarding a separate assault case involving the girl, and that his inquiries related to that matter were misconstrued as molestation.
The prosecution maintained that the seriousness of the allegations, particularly involving a minor, warranted a trial. The state’s counsel argued for the necessity of proceeding to trial given the gravity of the charges.
The ruling has sparked varied reactions, with Karnataka BJP president BY Vijayendra labeling the case as politically motivated, stating, “We have always maintained that this case is politically motivated. The high court has set aside the summons issued by the lower court. Let’s wait for the lower court’s order.”
