HC refuses to quash Pocso case against BSY, grants anticipatory bail

The court ruled that while the order taking cognizance of the case stood invalidated, the crime, investigation, and final report would remain unaffected

The Karnataka high court on Friday refused to quash the Protection of Children from Sexual Offences Act (Pocso) case against former chief minister and senior Bharatiya Janata Party (BJP) leader BS Yediyurappa, but granted him anticipatory bail.

BS Yediyurappa

The court ruled that while the order taking cognizance of the case stood invalidated, the crime, investigation, and final report would remain unaffected. The case has now been sent back to the trial court for reconsideration, keeping all legal arguments open.

The case stems from allegations made by a woman, who had accused Yediyurappa of molesting her 17-year-old daughter at his residence. The woman, who has since died, had also claimed that he attempted to silence the matter by offering money. Her complaint, filed on March 14, 2024, led to a first information report (FIR) under Section 8 of the Pocso Act and Section 354(A) of the Indian Penal Code, which deals with sexual harassment.

Yediyurappa had challenged the proceedings against him, seeking to have the charges under the Pocso Act and IPC dismissed. However, Justice M Nagaprasanna ruled that the lower court’s order of July 4, 2024, taking cognizance of the case, was void. The court emphasised that the investigation and final report by the Criminal Investigation Department (CID) would remain intact and that the trial court must review the case afresh.

“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. 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.

The ruling was confined to procedural aspects, and the court noted that all legal arguments remained open for further deliberation. “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 order added.

In his defence, Yediyurappa claimed that the woman and her daughter had approached him regarding a previous case in which the girl had been assaulted by another person. His legal team argued that he was merely inquiring about that case when the accusations were made.

The prosecution countered that the available evidence warranted legal proceedings. The state’s counsel insisted that the case should proceed to trial, given the seriousness of the charges involving a minor.

Reacting to the verdict, Karnataka BJP president BY Vijayendra reiterated that the case was politically motivated. “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,” he said.