HC grants anticipatory bail to former CM Yediyurappa in Pocso case

Karnataka High Court on Friday partly allowed the petition filed by former Chief Minister B S Yediyurappa challenging proceedings against him under the provisions of PocsoAct, while remitting the criminal case registered against him back to the trial court.

The court however allowed his plea seeking anticipatory bail.

The 81-year-old Yediyurappa had sought for quashing of a criminal case filed against him, in which he has been booked under the provisions of the Indian Penal Code as well as the Protection of Children from Sexual Offences (POCSO) Act.

The case was registered on March 14 last year based on a complaint by the mother of a 17-year-old girl who alleged that Yediyurappa sexually assaulted her daughter during a meeting on February two, at his residence in Dollars Colony here.

"Writ petition is allowed in part. The order of taking cognizance by the concerned court dated 04-07-2024, qua accused number 1 (Yeddyurappa) stands obliterated. The crime, the investigation and the final report all remain intact. The matter is remitted back to the hands of the concerned court to pass appropriate orders on the final report so placed before it by the CID bearing in mind the observations made in the course of the order," Justice Nagaprasanna said.

He further said, "It is made clear that this court has not answered any of the contentions so advanced by both the senior learned counsel for the petitioner and the respondent, except with regard to the order of taking cognizance. All other contentions would remain open. The petitioner is at liberty to avail of such remedy as is available in law at the appropriate stage before the appropriate forum."  The CID, probing charges against Yediyurappa of sexually assaulting a minor girl, has alleged in the charge sheet filed on June 27 last year before a Fast Track Court, that he and three other accused paid money to the purported victim and her mother to buy their silence.

The 81-year-old has been charged under Section 8 (punishment for sexual assault) of the Protection of Children from Sexual Offences (POCSO) Act and Sections 354A (sexual harassment), 204 (destruction of document or electronic record to prevent its production as evidence) and 214 (offering gift or restoration of property in consideration of screening offender) of the Indian Penal Code (IPC).

The other three co-accused -- Arun Y M, Rudresh M and G Mariswamy who are aides of Yediyurappa -- are charged under sections 204 and 214 of IPC.

The victim's 54-year-old mother, who had leveled the charge against Yediyurappa, died at a private hospital here in May last year, due to lung cancer.