BSY moves HC to annul Pocso case after CID issues summons

The Bengaluru police had filed a case under the Pocso Act, 2012 against Yediyurappa on March 14 on the basis of a complaint by the 17-year-old survivor’s mother

Former chief minister of Karnataka and senior Bharatiya Janata Party (BJP) leader BS Yediyurappa approached the high court on Wednesday seeking annulment of a Protection of Children from Sexual Offences (Pocso) case filed against him, hours after the state Criminal Investigation Department (CID) summoned him in connection with the case.

Yediyurappa has contended in his appeal to the HC that the complaint “contains no elements of a crime”. (PTI)

The Bengaluru police had filed a case under the Pocso Act, 2012 (Pocso), against Yediyurappa on March 14 on the basis of a complaint by the 17-year-old survivor’s mother. The mother had filed a complaint against the BJP leader alleging sexual assault during a meeting in February.

Yediyurappa, disputing the allegations, has contended in his appeal to the HC that the complaint “contains no elements of a crime”.

On March 15, responding to the allegations, Yediyurappa had said, “I have come to know that a complaint has been filed against me by a woman. It must have been about a month, they used to visit but I didn’t pay attention. But one day, when I told them that they were crying, I called them and asked what happened. They told me they had been wronged. I then called the police commissioner (B) Dayananda and asked him to hear them out and do the needful.”

“But then she started talking against me then and there. I thought she was unwell and asked the police commissioner to investigate. Now this has been twisted and made into an FIR. We will do what is legally required. I didn’t think helping someone would result in this. I had even given some money to them as well. But we will contest legally,” he added.

On Tuesday, the survivor’s brother approached the court, urging for an expedited investigation. This plea comes in the aftermath of their 56-year-old mother’s death on May 26.

The petition, filed on June 10 by advocate S Balan on behalf of the minor’s family, requested Yediyurappa’s arrest. According to people familiar with the matter, the family expressed frustration over the lack of progress in the investigation, even after two months since the case was registered.

According to the petition, there has been progress in the investigation even after two months of the registration of the case. “Accused was not arrested and not even 41(A) notice (notice to appear before police) was given, hence this petition as there is no efficacious remedy other than approaching this Hon’ble Court for invoking its extraordinary writ jurisdiction,” the petition stated.

It also pointed out that the survivor’s mother had previously appealed to the chief justice of Karnataka HC for a central bureau of investigation (CBI) probe into the matter.

Following this, the CID issued a notice requiring Yediyurappa to appear for questioning on June 12. According to officers, Yediyurappa, who is currently in Delhi, is yet to respond to respond to the notice. The notice, issued under Section 41(a) of the Criminal Procedure Code, mandates an accused to appear before the police for non-cognizable offences that do not require immediate arrest.