Karnataka HC grants anticipatory bail to former CM Yediyurappa in POCSO case
Refusing to quash the case, the court remitted the matter back to the trial court.
![Karnataka HC grants anticipatory bail to former CM Yediyurappa in POCSO case](https://sc0.blr1.cdn.digitaloceanspaces.com/article/145399-jjtwyktkeu-1600964634.jpg)
The Karnataka High Court on Friday granted protection from arrest to former Chief Minister BS Yediyurappa in a case pertaining to the alleged sexual assault of a 17-year-old girl, reported The Indian Express.
Refusing to quash the case, the court remitted the matter back to the trial court, according to Live Law.
The case against Yediyurappa was registered on March 14 for allegedly sexually assaulting a minor girl. The 17-year-old girl is a rape survivor in an unrelated case from 2015 pending elsewhere.
The 81-year-old BJP leader is accused of having sexually assaulted the minor on February 2, 2024, when she, along with her mother, met him to seek his help in the rape case. He also faces charges of sexual harassment under Section 354A of the Indian Penal Code.
Yediyurappa has denied the allegations against him.
The former chief minister had moved the court seeking quashing of the first information report.
“In the light of the filing of the final report by the CID [Criminal Investigation Department], the petitioner would undoubtedly not be required for any custodial interrogation, as no investigation is pending against the petitioner,” the High Court said on Friday.
The High Court ruled that a special court judge made an error in taking cognisance of the chargesheet against the former chief minister, as it failed to provide reasons for its decision, reported The Indian Express.
The High Court said that the special court must issue a reasoned order when taking cognisance of the chargesheet.
“Though the reasons need not be so elaborate when it records framing of charges or conviction, nonetheless, it must bear application of mind to set further proceedings in motion, as taking of cognizance or issuance of process has some judicial sanctity,” the High Court said.
The court had reserved its order on January 17 after hearing all parties.
POCSO case against Yediyurappa
According to the complainant, when she met Yediyurappa on February 2, she was asked to go to another room while her mother was explaining the details of the rape case. It was there that the former chief minister subsequently allegedly molested her, reported The News Minute.
Yediyurappa and his three associates, Arun YM, Rudresh M and Y Mariswamy, were also charged under provisions of the Indian Penal Code pertaining to destruction of evidence (Section 204) and offering bribes for concealing the offence (Section 214) for allegedly destroying a video recorded by the girl’s mother during the confrontation with the former chief minister after the alleged incident of sexual assault.
On June 14, the Karnataka High Court stayed the BJP leader’s arrest after a lower court issued a non-bailable arrest warrant against him.
Yediyurappa denied that he sexually assaulted the minor and told investigators in June that he was only helping her legally in the 2015 rape case.