Bengaluru, Feb 7 (IANS): In a setback to former Karnataka Chief Minister and BJP Central Parliamentary Committee member B.S. Yediyurappa, the Karnataka High Court has refused to quash charges against him under a Protection of Children from Sexual Offences Act (POCSO) case on Friday.
However, the Bench granted anticipatory bail to Yediyurappa in the court, giving him immunity from arrest.
The Bench, headed by Justice M. Nagaprasanna, pronounced the judgment and sent back the case to the POCSO court. However, the court has also refused to quash the charge sheet submitted against Yediyurappa in the court.
The court also did not make any comments over the eligibility of the case as presented by the petitioner Yediyurappa.
The court had reserved the matter for the decision after concluding arguments and counterarguments in the case on January 17.
With the judgement going against him now, Yediyurappa will have to face legal proceedings in the case.
The prosecution had argued that Yediyurappa’s petition to quash the case was calculated, as it was filed after the death of the victim’s mother, who was the complainant.
Senior counsel C.V. Nagesh, representing Yediyurappa, countered that his client could not have known about the complainant's death, and he was not a magician. He urged the court to consider the 45-day gap between the alleged incident and the registration of the FIR.
The counsel also questioned the complainant's credibility, pointing out her alleged history of filing multiple FIRs against senior IAS, IPS, and government officials.
The case stems from an FIR filed at the Sadashivanagar police station in Bengaluru by the mother of a minor girl, alleging sexual harassment by Yediyurappa.
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.
According to 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.”