Former Karnataka CM Escalates Legal Battle to Supreme Court
In a significant legal development, former Karnataka Chief Minister B S Yediyurappa has approached the Supreme Court of India to challenge a Karnataka High Court order that permitted a Protection of Children from Sexual Offences (Pocso) Act case against him to proceed to trial. This move comes after the High Court upheld a special court's decision to take cognisance of the chargesheet filed by the Criminal Investigation Department (CID).
Timeline of Legal Proceedings and Key Dates
The legal saga began when the Bengaluru police registered the Pocso case in 2024 based on a complaint by the mother of a teenager. The incident was alleged to have occurred on February 2 during the victim's visit to Yediyurappa's residence. The case took a serious turn when the CID filed a chargesheet on June 27, 2024, against Yediyurappa and three associates: Rudresh M, Arun Y M, and Mariswamy G.
The special court initially took cognisance of the chargesheet on July 4, 2024. After Yediyurappa challenged this decision, the High Court referred the matter back to the special court on February 7, 2025, for fresh initiation of the cognisance process. The special court then took fresh cognisance on February 28 and summoned Yediyurappa to appear on March 15, which he again challenged in the High Court.
High Court's Decision and Current Status
On November 13, a single-judge bench of the Karnataka High Court upheld the special court's February 28 decision, stating that due process had been followed. The court specifically upheld the cognisance and summons issued under various provisions of the Indian Penal Code and Pocso Act. However, the High Court provided some relief by directing that the trial court need not insist on Yediyurappa's presence unless absolutely necessary during the trial.
Following this order, the special court issued summons on November 18, requiring Yediyurappa and three others to appear on December 2 to facilitate the start of the trial. The special public prosecutor successfully sought advancement of the hearing from the previously scheduled date of December 15, citing the High Court's November 13 order and Section 35 of the Pocso Act, which mandates that evidence of a child must be recorded within 30 days of taking cognisance.
Supreme Court Intervention and Future Implications
Yediyurappa moved the Supreme Court on Monday through a special leave petition on the criminal side, naming the CID unit of the Karnataka Police and the Bengaluru police as respondents. While the Supreme Court is yet to list the plea for hearing, this development could potentially delay the trial proceedings scheduled to begin on December 2.
The former Chief Minister currently enjoys protection against arrest through anticipatory bail granted by the High Court on February 7. The charges against him include:
- Section 8 (sexual assault) of the Pocso Act
- Section 354 A (sexual harassment) of IPC
- Section 204 (destruction of evidence) of IPC
- Section 214 (offering gift to screen offender) of IPC
His associates face allegations of collaborating to delete video recordings and pictures of the victim's confrontation at Yediyurappa's home and attempting to pay money to the victim's mother to maintain silence. Tragically, the victim's mother, who was battling cancer, passed away shortly after the case was filed.
Under the Pocso Act's stringent timelines, the trial must be completed within one year from the date of taking cognisance, making the Supreme Court's decision on Yediyurappa's plea crucial for the case's progression.
